
Class __L_ 



I 



THE 



GOVERNMENTAL HISTORY 



OF 



THE UNITED STATES OF AMERICA 



FROM THE EARLIEST SETTLEMENT 



THE ADOPTION OF THE PRESENT CONSTITUTION. 



BY HENRY SHERMAN, 

COUNSELLOR AT LAW, NEW TORK. 



IN FOUR PARTS. 



Felix qui potuit reriim cognoscere causas.— Virgil, Georgica, Lib. II., 490. 



NEW YORK: 

PUBLISHED BY MARK H. NEWMAN, 

No. 19 9 BRO AD V/A Y. 



Entered according to the Act of Congress, 
in the year one thousand eight hundred and forty-three, 

By henry SHERMAN, 

in the Clerk's Office of the District Court for the Southern 

District of New York. 



7' 



/ / 






TEREOTYPED BY T. B. SMITH. 
74 FULTON-STREET, NEW YORK. 



\ - 



. • > . \ 



N\ 



PREFACE 



In preparing this work for the press, the Author's design 
has been to place within the reach of our common Schools, 
and the Libraries for the young throughout the country, a 
plain and simple history of the origin of our government 
and institutions, with the causes which have given to them 
their characteristic qualities. It is impossible for the mind 
of man to fix a limit to the advancement of this great and 
growing nation, in all the arts which contribute to the im- 
provement of society, the sciences which expand and lib- 
eral the mind, or in the further development of those great 
principles of civil and religious liberty which are destined, 
in their ultimate maturity, to harmonize the world. It is 
essential that the young, who are hereafter to be entrusted 
with this proud heritage, should be prepared for the impor- 
tant and interesting duties which it may devolve upon them. 
If they would be useful to their country and to their race — 
if they would preserve, and conduct to maturity and perfec- 
tion, a system of government so wisely planned, and insti- 
tutions so well founded, they must become acquainted with 
their history from their earliest origin. They should be fa- 
miliar with the causes which led to the first settlement of 
the several colonies planted by our forefathers in America — 
which transformed those colonies into independent states — 
which united those states into a federal community — which 
again dissolved this confederacy, and led to their more per- 
fect, permanent, and happy union under the present consti- 
tution. 

In looking into our libraries the Author found no work 
calculated particularly to aid them in making these acqui- 



IV PREFACE. 

sitions, while those whence this information was to he de- 
rived M^ere either too ponderous, or too voluminous, or too 
expensive, to fall into the hands of the mass of juvenile 
readers. This volume has been prepared, during the inter- 
vals of leisure from professional avocations, with a view to 
supply this deficiency. Yet the object aimed at in its com- 
pilation, has not been merely to furnish a library-book for 
general reading ; but also a class-book for the use of schools. 
The letters, addresses, and other documents of the several 
Colonies, and of the Congress, during the progress of our 
revolution, as also the speeches delivered in the British Par- 
liament, which have been incorporated into the work, are 
excellent specimens of English composition, well adapted 
to improve the pupil in the exercises of reading, recitation, 
or declamation, while at the same time they contain the 
most valuable information as to the origin and progress of 
our liberties and institutions. Thus, it is hoped, while the 
work of elementary education is going forward, the young 
mind will be made familiar with the most interesting portion 
of our history, become acquainted with those fundamental 
principles of civil and religious faith and freedom which 
are the basis of our union and prosperity as a people, as 
well as our happiness as individuals ; and imbibe a deeper 
reverence for, and a lasting attachment to, the government 
and institutions which have been reared upon them. 

The following works have been consulted by the Author, 
and are recommended to those who wish to acquire more 
extended information on this subject, viz. : Russell's Modern 
Europe, Bigland's View of the World. Robertson's His- 
tory of America. Irving's Columbus. , Bissett's England. 
Winterbotham's America. Butler's History of the United 
States. Pitkin's History of the United States. Hutchin- 
son's Hist, of Massachusetts. Marshall's Colonies. Burke's 
Works. Journals of Congress. The Federalist. Story on 
the Constitution. Kent's Commentaries, etc. 

HENRY SHERMAN. 



INDEX. 



Part I. — History of the Southern Colony of Virginia. 

Introduction.— General view of the progress of Naval Science in the world. 
— Christopher Columbus — his early career — his schemes for discovery — ne- 
gociations for patronage — His voyages and their results — effect of his dis- 
coveries in England.— State of Naval Science in England —The expedition 
of Cabot.— The discovery of the continent of North America.— Expeditions 
to settle America during the reign of Elizabeth. — Division of the Continent 
by James into North and South Virginia. — South Virginia Company — its 
charter provisions of government. — Its first expedition to America. — Settle- 
ment of Jamestown— condirlon of the Colonists— progress of the settlement 
under Capt. Smith. — Decline of the Colony on his return to England.— Ar- 
rival of Lord De La War and resettlement of Jamestown. — Publication of a 
New Charter to the Company.— Farther arrivals from the mother coun- 
try. — Pevmament settlement of ifie Colony. — Changes in the condition 
of Settlement. — Their effect upon its growth and prosperity. — Government 
of the Colony under Sir George Yeardley.— Administration of Capt. Argal. 
— Argal removed and Yeardley reappointed Governor. — First representative 
assembly in America. — New Charter issued. — Reformations in policy and 
forms of government, in the administration of justice — Inferior courts es- 
tablished. — Interference of the Crown. — The company in England dissol- 
ved, and the affairs of the Colonies temporarily in the hands of a council ot 
commissioners. — Death of James I. — Changes in the government of the 
Colony, and its progress after the successionof Charles I Page 9 

Part II. — History of the Northern Colony of Virginia 
OR New England. 

The Plymouth Company empowered to settle this division of the Continent. 
— Its operations. — Capt. Smith visits North Virginia. — His return to England. 
— The Country named New England. — History of its first settlement. — The 
Reformation of Luther.— Its progress in Europe. — In England. — Persecution 
of Protestants compels them to leave England.— They return on the acces- 
sion of Elizabeth —Her hostility to their political sentiments.— The Brown- 
ists. — Some o: hem take refuge in Holland. — Come thence to New England. 
Settlement of New Plymouth. — Their position, character, and condition. — 
Their progress —Origin of the sect called Puritans —Progress of Puritanni- 
cal sentiments, and persecutions in England, the sole cause of planting New 
England.— Settlement of Massachusetts Bay. — Its charter of government.— 
New Charter incorporating with New Plymouth —First representative as- 
sembly in New England. — Its proceedings. — Interference of the Crown. — 
Further history of this Colony. — The Colonies of New Haver, and Connec- 
ticut.— The Colony of Rhode Island and Providence Plantations.— Conclu- 
sion of this Part Page 60 

Part III. — Governmental History of the Colonies in 

THEIR smaller DIVISIONS TO THE TIME OF THE DECLARATION 
OF THEIR InDEPEJ^DENCE. 

. Subdivisions of the Southern Colony of Virginia.— General characteristics of 
the Colonial Governments. — Their differences. — Their similarity. — Their re- 
lations with each other. — Their relations to the mother country at the 
peace of 1753.— Proceedings in Parliament.— The Revenue Acts. —Causes 
1* 



VI INDEX. 

of discontent thereby originated in the Colonies.— The Stamp Act.— Its re- 
ception in America. —Resolutions in the Colony of Virginia.— In the other 
Colonies. — Proceedings in Plymouth, Mass. — The first Colonial Congress 
meets in New York.— Its jiroceeilings.— Declaration of Rights.— Its adjourn- 
ment. — State of feeling throughout the Colonies — Proceedings in England. 
— Repeal of the Stamp Act. — How viewed in America. — The reasons given 
for its repealrevivediscontent— Further proceedings in Parliament.— In the 
Colonies.— Circular Letter of Massachusetts to the other Colonies. — Associ- 
ations for non-importation in America. — Their efl'ect in England — Partial 
repeal of the Revenue Act.— Act licensing the importation of Tea direct 
to America by the East India Company.— Proceedings in Uostoti on their 
arrival. — Parliament enacts the Boston Port Bill. — Its reception in the Colo- 
nies. — Further Acts of Parliament. — Congress of the Colonies meets at 
Philadelphia. — Its proceedings, resolutions. — Letter to General Gage at Bos- 
ton. — Declarption of Rights. — Articles of association for nonimportation, 
&c. — Address to the King. — To the People of Great Britain. — To the People 
of the Colonies. — To Canada — Adjournment. — Proceedings in England. — 
Affairs in the Colonies. — Commencement of hostilities.— Battles of Lexington 
and Concord. — The Congress meets again at Philadelphia. — Its proceedings. 
— Manifesto on taking up arms. — Congress of 1775-6. — Declaration of Inde- 
pendence Page 102 

Part IV. — Governmental History from the Declaration 
OF Independence to the time of the adoption of the 
PRESENT Constitution. 

Position of the Colonies after the declaration of their Independence. — The 
GeneralGovernment of the Revolution. —Definitive treaty of Peace between 
Great Britain and the United States.— Union of the States under the Confed- 
eracy. — Circumstances under which it took place. — Importance, necessity, 
and nature of the Union. — The early Confederation of the Colonies of New 
England.— Articles for a General Union of the Colonies proposed and adopt- 
ed by the Convention at New York in 1754.— Defects of the present Articles 
of Confederation. — Resolutions respecting them in the Legislature of New 
York — In Congress. — In Washington's address on resigning his command 
of the armies of America.— Appeal of Congress to the Stales touching the 
Confederacy.— Convention of Delegates at Annapolis in 1786.— Its proceed- 
ings — Resolutions of Congress recommending a Convention to revise the 
Articles of Confederation.— Meeting of the Ctinvention.— Their position.— 
Their report to Congress of the present Constitution.— Proceedings of Con- 
gress thereupon.— The Con.-,titution.— Its adoption.— Government goes into 
operation under it. — Election of Washington to the Presidency.— His pro- 
gress to New York, and his Inauguration. — His inaugural address to both 
Houses of Congress.— Reply by the House of Representatives.— Amend- 
ments to the Constitution. — Its final adoption by all of the States.—Conclu- 
sion Page 217 



1 



THE 

GOVERNMENTAL HISTORY 

OP THE 

UNITED STATES OF AMERICA. 



PART I. 

HISTORY OF THE SOUTHERN COLONY OF VIRGINIA. 



CHAPTER I. 

There is, perhaps, no one of the sciences which, in 
its progress, has contributed more towards promoting" 
the general welfare of mankind, or whose develope- 
ments have tended so much to establish the amicable 
relations now existing among civilized nations, as the 
science of navigation. Through its agency people who 
were once not only alien, but whose very existence was 
unknown to each other, have been brousfht tosfether and 
united by ties which were never felt or understood in 
the experience of ancient nations. An almost daily inter- 
course has taken place between the inhabitants of the 
most remote portions of the world , Commerce has been 
established between the barbarous and the civilized, for 
the supply of wants, which, by the one, were never be- 
fore experienced, in exchange for commodities v^hich by 
the other were till now regarded as without value or 
useless. This general intercourse of nations has almost 



8 GOVERNMENTAL HISTORY 

everywhere introduced a change of manners, habits, cus- 
toms, opinions, and laws, which has rcvohitionized the 
face of society in every country, and by the gradual in- 
troduction and spread of more genial principles and in- 
fluences is progressively ameliorating the condition of 
our race. The proud position which the Republic of 
The United States of America now occupies in the scale 
of nations, and the powerful influences which are ema- 
nating from them, make the history of our government 
and institutions a subject of great interest and impor- 
tance to mankind, but more especially to those who 
may hereafter be entrusted with their guidance and 
control. In tracing these annals, the obligations which 
we owe to the science of navigation, make it necessary 
that we should give some account of its progress in the 
world. 

The testimony of sacred as well as profane writers 
authorizes us "to believe that the science of navigation 
was understood, although they leave us in doubt as to 
what extent it was practiced, in the earlier periods of 
the world's history. The multiplication of human 
families upon the earth, and their consequent dispersion 
over its wide territories must have suggested beneficial 
discoveries, and led to a reciprocal though limited inter- 
course. Europe. Asia and Africa were probably not un- 
known to each other as inhabited countries, though little 
perhaps was understood of their internal history. The 
relative position of the migratory tribes of men who in- 
habited those regions, and the nature of their correspon- 
dence with each other, were not such as to demonstrate 
to them either the utility or importance of the science 
of navigation, or greatly to encourage its cultivation. 

We are told by the wn'iters of antiquity that as far 
back as the seven hundreth year before the Christian 



OF THE UNITED STATES. 9 

sera successful voyages of discovery were made by the 
Carthagenians and Ph-enicians ; but search has been 
made in vain for many of the records to which these 
authors refer, and of those which have been found 
many are inaccurate and mutilated, while the most 
interesting and important of these seem rather the ex- 
aggerated and romantic incidents of fiction, than faithful 
records of historical facts. Yet allowing all that is 
said of the extent to which this science was cultivated 
among these nations, there is much reason to believe 
that all traces of it had long faded from the recollections 
of men, inasmuch as the Greeks, who are said to have 
been their pupils in all the important arts and sciences, 
seem to have had hardly any acquaintance with the art 
of navigation. Some voyages were indeed performed by 
them, which their own historians accounted wonderful, 
but these were made merely for the purposes of conquest 
or of plunder, to islands not very remote, and creeping 
along the coast of the sea. Few, if any, had dared to 
launch out upon the broad bosom of the ocean for the 
purposes of discovery. And even these limited voy- 
ages were always attended with great hazard, and often- 
times with loss, the vessels employed being poorly con- 
structed and unskilfully conducted. As the Greeks 
advanced, however, in civilization and refinement, 
learning increased, the arts and sciences were more 
liberally cultivated, and the encouragement and growth 
of commerce produced a parallel improvement in the 
progress of naval science and architecture. Still theirs 
was always a commerce of limited extent, and its en- 
terprizes were for the most part confined to the Medi- 
terranean sea. All other parts of the world were but 
little known to them, while they were wholly unac- 
quainted with those rudiments of science upon which 



10 GOVERNMENTAL HISTORY 

•a practical knowledge of the globe has since been esta- 
blished. 

The progress of the Romans in the science of navi- 
gation was still more tardy, and their attainments in 
naval enterprize were less extensive than those of 
Greece, while their views of its importance and advan- 
tages were more darkened and illiberal. Most of their 
knowledge of the earth was derived from discoveries 
made on land, and they were so little acquainted with 
its geography that they supposed the temperate to be 
the only habitable of its zones. They regarded those 
parts of it which modern discovery has proved to be 
the fairest and most exuberant portions of its surface, 
as the abodes of perpetual silence, sterility, and gloom, 
either too hot or too cold to support animal, and alike 
fatal to the production of vegetable life. Besides the 
barrier which these opinions may be supposed to have 
set to the progress of discovery, the military genius of 
the nation operated to restrain them from the pursuits 
of commerce and naval enterprize. These were re- 
garded as subordinate institutions, and were looked 
upon as unbecoming a nation of soldiers, fit only for 
the patronage of her slaves or her freedmen. The love 
of glory indeed stimulated her to aim at the mastery 
over the neighbouring seas, but it was long after her 
conquests over the countries of Carthage, Greece, and 
Egypt, before Rome sought to avail herself of the com- 
mercial resources which were opened to her. The in- 
troduction of a taste for the luxuries and the splendors 
of the East, with the love of imperial grandeur inspired 
by the increase of her dominions, at length induced her 
to send her mariners across the sea for the purposes of 
commerce, and rapidly promoted the growth of naval 
enterprize. The subsequent irruption of the fierce 



OF THE UNITED STATES. 11 

hordes of barbarian tribes from the North, although ul- 
timately productive of good to mankind, checked for a 
while the progress of human improvement, and centu- 
ries passed away before commerce and the arts again 
actively revived in Europe. 



CHAPTER II. 

The invention of the mariner's compass in the year 
1322 gave a new impulse to the enterprize of nations, 
aiid must be regarded as the most important eera in the 
whole history of navigation. It revealed to man a 
fuller comprehension of the powers with which he was 
endowed by his Creator, while at the same time it 
served to develope the ample resources with which the 
same munificent hand had overspread the globe he 
inhabited. It taught him that he was not only lord of 
the earth, but that even " the great and wide sea" was 
a theatre where his superior intelligence might be illus- 
trated. It opened to him a safe and a sure pathway 
over the trackless waters of the ocean, which could be 
traversed with equal accuracy in all climes, and at all 
seasons, whether in sunshine or in shade, in breeze or 
in storm, by day or by night, in summer or in winter, 
and inspired him with a higher and a prouder confi- 
dence in daring and defying its tempests and its perils. 

The Spaniards were the first to avail themselves of 
the advantages of this wonderful invention ; but their 



12 G0VERN3IENTAL HISTORY 

adventures were limited for the most part to islands 
which were known and not far distant ; nor does it 
appear that their early expeditions were made for any 
other than the purposes of plunder : The first regular 
and authentic voyages for discovery were made subse- 
quent to the year 1364, by the Portuguese navigators. 
Portugal was then the smallest and least powerful of 
the European kingdoms, but the courage and intrepidity 
of her seamen and adventurers had gained for her an 
envious celebrity. By their daring enterprize her do- 
minions became more widely extended, till under the 
auspicious reign of John I. they spread from the Tagus 
to China. Don Henry, the third son of John I. gave a 
still prouder and more vigorous impulse to the progress 
of improvement in naval science, by founding an acad- 
emy for its study and promotion. He also erected an 
excellent observatory, and large numbers of his subjects 
were yearly instructed in astronomy, cosmography, and 
the art of navigation. The pupils from these schools 
became intelligent and practical seamen, by whose ex- 
ploits in naval enterprize nations long unknown to civi- 
lized Europe were discovered to mankind, while the 
boundaries of human knowledge were extended and en- 
larged. Don Henry died in the year 1463 ; but the en- 
terprizes for discovery which were projected during his 
reign were fostered with equal ardour, and prosecuted 
with great success, under John II. who is reputed to 
have been " a prince of profound sagacity and enlight- 
ened sentiments." The course of these explorations ex- 
tended along the coast of Africa, where forts were erected 
for the establishment of commerce, till at length they 
passed its southernmost point which the prophetic spirit 
of the enthusiastic monarch called the Cape of Good 
Hope. They thence passed on to the Indian Ocean. 



OF THE UNITED STATES. 13 

The progress of navigation was now more rapid in a 
brief century than it had been daring all the centuries 
which had preceded. The geography of the globe be- 
came better known, and the actual character and condi- 
tion of its inhabitants more perfectly understood. The 
vague and superstitious theories of the ancients were 
dissipated by the narratives of men who had penetrated 
the very regions which had for so many ages been 
regarded as the abodes of perpetual solitude, cursed by 
the Creator, uninhabitable by any human being, and 
uncheered even by the existence of vegetable life. 

At this period in the world's history, so bright with 
promise and so fruitful of hope, we turn aside from the 
general developements of science, and the enterprize of 
nations, to mark the career of a single individual, whose 
name nuist ever be cherished amono* the most illus- 
trious benefactors of our species. The brilliant enter- 
prizes of the Portuguese navigators had already attracted 
the wonder and admiration of all Europe. Among 
those who were thereby lured into their service was 
Christopher Columbus, a native of Genoa. He was 
descended of an honored ancestry, although his own 
parents had been reduced by misfortune from their 
original position to a more humble rank in life. They 
possessed, however, the means of giving him as liberal 
advantages of education as were thought useful or 
necessary in those times, and he applied himself with 
a zealous ambition and industry to the improvement 
of the opportunities which were afforded him. There 
is one part of the character of Columbus which we 
feel bound to notice, as historians have not given to 
it that prominence which its importance demands. It 
was the strong religious feeling which always pervaded 
his spirit, and, from his earliest years, gave a complex- 

2 



14 GOVERNMENTAL HISTORY 

ion and a shape to all his purposes. It is a conceited, 
a cheerless, and a frail philosophy, which would ex- 
clude the operation of our religious feelings from among 
those causes which produce the amelioration of the 
condition of mankind, and overlooks the part they have 
in advancing the interests of society. In all ages they 
have had their peculiar influence, and the results which 
have followed their action have marked the condition 
of our race, accordingly as they have been freed from, 
or intermingled with error, ignorance, superstition, or 
bigotry. Their efl'ect upon the mind of Columbus 
was, to inspire him with the belief that he was destined 
to an instrumentality which should extend the domin- 
ions of the church, and spread the beneficent influences 
of the religion of the cross throughout the world. This 
presentiment, if we may so express it, seems to have 
accompanied him tbrougli all his early life, to have 
" grown with his growth, and strengthened with his 
strength,'" and at all times to have regulated his desires 
and his aims, in his riper years. 



CHAPTER III. 

At the time when Columbus was training his youth- 
ful mind, the course of education pursued in the schools 
included geometry, cosmography, astronomy, and the 
art of drawing ; which were taught chiefly in the Latin 
tongue. At the age of fourteen, so industriously had 



OF THE UNITED STATES. 15 

he applied himself, he had become proficient in these 
several branches of education. Being strongly inclined 
to a sea-faring life, he now resolved to commence his 
career on the ocean, influenced not more by the love 
of adventure, than the consideration of the opportunities 
it would afford for enlarging his knowledge, and for the 
more practical study of those sciences of which he was 
already so enamored. He accordingly entered on board 
of a vessel bound for discovery. He performed seve- 
ral voyages, during which he penetrated the northern 
seas beyond the limits at which other voyagers had ter- 
minated their adventures, and advanced far into the po- 
lar circle. These expeditions added to his information, 
but not to his fortune, and he found it necessary to pur- 
sue them in a different capacity. He accordingly enter- 
ed into the service of a then famous sea captain, the com- 
mander and owner of a small squadron of vessels, who 
by his naval skill and daring prowess had acquired both 
wealth and reputation. Columbus remained in his em- 
ploy for several years, during which time he became him- 
self distinguished both for his intrepidity as an adven- 
turer and his skill as a navigator. While the fleet of 
this adventurer was returning froni a successful expedi- 
tion to the low countries, it was attacked by a piratical 
squadron off the coast of Portugal- The vessel under 
charge of Columbus was set fire to, and he was com- 
pelled to trust himself to the less fearful element for 
safety. Throwing himself into the sea, with the aid of 
a single oar which had floated from the wreck, after long 
struggling and exposure, he reached the shore in safety, 
though much exhausted and enfeebled, and it was long 
before he recovered from the weakness and indisposition 
induced by this calamity. His recovery took place just 
at the time when the naval enterprizes of the Portuguese 



16 GOVERNMENTAL HISTORY 

were most signally successful and triumphant. His 
mind and imagination became fascinated by the fame of 
their remarkable discoveries, and he repaired immedi- 
ately to Lisbon, with a view to learn what course they 
had pursued in accomplishing these results, as well as 
to investigate the data upon which their calculations 
were founded, and by which their efforts had been 
prompted and encouraged. Here, while pursuing his 
investigations, he formed a matrimonial alliance with 
the daughter of one Bartholomew Prestello. 

Prestello was celebrated as well for the many voyages 
which he had performed, as for his superior skill and 
intelligence as a navigator. Columbus was permitted 
free access to the documents and charts of this illus- 
trious adventurer, and, making himself also familiar 
with the accounts given of their discoveries by the Por- 
tuofuese, he became inflamed with a desire to know more 
of the countries which they had visited. With this 
view he entered into their service, where he continued 
for several years, until he himself at length became one 
of the most skilful and scientific navigators of the age. 
His inquisitive and enthusiastic genius was easily af- 
fected by the spirit of curiosity and adventure which 
had been awakened, and he set about to devise some- 
thing new and more splendid than any of the cnterprizes 
which had yet been projected, and persuaded himself 
that discoveries still more stupendous and astonishing 
could yet be accomplished. With a mind at once capa- 
ble and reflective, he carefully revolved and investigated 
the theories of ancient philosophers, and comparing 
these with the data furnished by his own observations, 
aided by his speculations upon the developements of 
more recent discoveries and the suggestions of his reli- 
gious faith, he became strongly impressed with the 



OF THE UNITED STATES. 17 

belief that the opinions heretofore entertained of the 
geography of the earth were erroneous and untena- 
ble, and concluded that a large portion of the western 
hemisphere must be composed of land, as well as water. 
The aim of all navigators at this period was to dis- 
cover a new and more expeditious route to the East 
Indies than that which had been hitherto pursued 
around the Cape of Good Hope. Columbus calculated 
that if land existed in the western waters, it must be 
connected with these islands, and consequently sup- 
posed that by sailing in a westerly direction a new 
route to India might be discovered. These opinions 
were received with great distrust ; they were regarded 
not only as extraordinary, but as preposterous and 
chimerical, and a mind less capable of conceiving and 
comprehending great designs would have shrunk at 
once from the hostility, and even ridicule which the 
proclamation of them arrayed against their author. 
But Columbus was so fully persuaded that they were 
correct and true, that he resolved at once to put them 
to the test of actual experiment. Not possessing the 
means himself, he found it necessary to interest some 
one of the opulent powers of Europe in favor of his 
designs.* 

The trade with the East lildies had been, hitherto, 
principally monopolized by Venice and Genoa, and 
they had thereby acquired a degree of grandeur and 
greatness which moved the envy of all Europe. The 
balance of power between these two rival states, how- 
ever, had long preponderated on the side of Venice, 
while the maritime strength of Genoa was in a weak- 
ened and declining condition. As we have already 
seen Genoa was the place of his nativity, and Columbus 

* Robertson. 
2* 



18 GOVERNMENTAL HISTORY 

resolved that she should first reap the benefit to be de- 
rived from his speculations and adventures. He accord- 
ingly applied to her senate for their patronage, but his 
application was rejected, and his proposals and schemes 
were treated as wild and chimerical. Not at all daunted 
by this ruthless repulse he applied to John II. of Portu- 
gal. In a country already alive with the spirit of ad- 
venture, where he had long resided, in whose service he 
had been employed, where his personal worth and pro- 
fessional attainments were well known, he had every 
reason to look for a favorable listening to his views. 
His application was entertained by the crown, who 
directed his counsellors to investigate his proposals. 
They received him with jealousy and distrust. Having 
obtained from him a full exposition of his views, they 
put him off with an evasive answer, and then sought 
to deprive him of the honor to be won, by advising the 
king to fit out a secret expedition. But the designs of 
the monarch and his evil-minded counsellors were frus- 
trated by the unskilfulness, the ignorance, and the cow- 
ardice, of those to whose management the expedition 
was entrusted. 

Again and so treacherously baffled in his aims, 
Columbus indignantly repaired to the crown of Spain, 
while at the same time he despatched his brother Bar- 
tholomew to the court of Henry VII. of England to ne- 
gociate with that sovereign. Spain was at this period 
involved in a war with the Moors, and her coiu't could 
not find leisure at once to listen to his proposals. In 
the mean time, by his personal address and his intelli- 
gence, he succeeded in winning to his views many men 
of rank, through whose inflnence the crown was in- 
duced to appoint a council of judges to examine into 
them. Here he was doomed to encounter a countless 



OP THE UNITED STATES. 19 

variety of vexations and discouragements. He found 
ignorance, prejudice, and the more narrow and intoler- 
ant spirit of monastic bigotry arrayed against him. 
Superadded to these sources of vexation, he could hear 
nothing of the mission he had contrived to the crown of 
England. It seems that his brother Bartholomew had 
been captured by pirates on his voyage thither, and it was 
long after his release was effected, before he was in a sit- 
uation to present himself before the crown. When he 
appeared he was received and heard by Henry with the 
greatest flwor. But Columbus, receiving no intelligence 
of the result of his mission, and wearied and disgusted 
by the treatment himself was receiving from the court 
of Spain, now resolved to visit Henry of England in per- 
son. In making his preparations to do so he placed his 
children under the care of Juan Perez, who presided over 
the monastery of Rabida near Palos. Perez was a man 
of excellent character and great erudition, and was in 
great favor with Isabella. He became much interested 
in the speculations of Columbus, investigated them 
carefully, and had the utmost confidence in their suc- 
cess. He therefore urged him to suspend his purpose 
of leaving the country until he himself should solicit 
her majesty to reconsider the proposals made by him. 
Perez addressed a letter to her, for this purpose, urging 
that the subject well merited her most serious attention. 
In reply Isabella sent for Perez to come to Santa Fe, 
where the court was then residing on account of the 
siege of Grenada, in order that she might confer with 
him on the subject more particularly. The result was 
that Columbus was not only requested to abandon his 
purpose of visiting England, but was invited to court. 
To him this unexpected favor seemed like a ray from 
heaven. It dissipated his despondency and reinspired 



20 GOVERNMENTAL HISTORY 

his hopes, while it also revived the confidence of his 
personal friends. On his arrival at Santa Fe, he pro- 
posed that a small squadron should be fitted out under 
his conmiand — that he should be appointed hereditary 
Admiral and Viceroy of all the seas and islands which 
might be discovered by him, and that one-tenth of the 
revenues accruing should be settled irrevocably upon 
himself and his descendants. He offered to advance 
one-eight of the sum necessary to carry out his designs, 
on condition that he should receive a proportionate 
share of the benefits resulting from the expedition, — and 
that if the project failed, or proved fruitless, he would 
ask no compensation or reward of any kind.* 

Such were the liberal proposals of Columbus. But 
Ferdinand was less sanguine than his royal consort, and 
looked upon the proposed enterprize as futile, pro- 
nounced the claims of Columbus extravagant and un- 
\varrantable ; while he also urged that the funds re- 
quired for the expedition were beyond the ability of the 
Crown to furnish from its now nearly exhausted and 
famished treasury. Isabella yielded to these suggestions 
of the King and his counsellors, and Colimibus, again 
disappointed, withdrew in the greatest despondency. 
Alonzo de duiNTiLLA, Comptroller of the finances 
of Castile, and Luis de Santangel, receiver of the 
ecclesiastical revenues in Arragon, were the warm 
friends and zealous patrons of Columbus. Through 
them he became acquainted with other men of rank 
and affluence who had already actively interested them- 
selves in seeking to promote his wishes. As their opu- 
lence furnished them with the means of doing so, he 
now applied to them to aid him with funds to carry on 
the proposed enterprise, but their reverence for their 

* Wintcrbolhain. Pwobertson. 



OF THE UNITED STATES. 21 

Sovereign, and their high notions of loyalty, alone pre- 
vented them from embarking in a scheme which the 
Crown had discountenanced. Five years had thus 
passed away in fruitless and harrassing negociations for 
patronage, since Columbus first projected those great 
enterprises which afterwards led to such brilliant 
achievements. But a mind like his could not be com- 
pelled to forego the completion of its darling purposes, 
while there was yet another power from which he might 
hope to obtain the necessary patronage and assistance. 
He now again resol ved to proceed to the court of Henry 
Vn. of England, who was reputed to be the most opu- 
lent and sagacious prince in all Europe. 



CHAPTER IV. 

It is at once instructive and interestino; to observe 
by what a singularly slight instrumentality, oftentimes, 
great revolutions are originated and accomplished ; and 
how not only the direct, but also the collateral causes 
set in operation by great events, forward the plans of 
the Omniscient. Incidents, seemingly the most trivi^^l 
and unimportant, have a momentous bearing upon our 
characters and condition. They affect the purposes 
and aims of individuals, and through them, in their 
nearer or more remote sequences, the destinies of na- 
tions and of mankind. While moving in the sphere of 
their immediate influence we may not note their opera- 
tion, but after the flight of years, when we come to look 
back upon the record of experience, we feel how much 
they have contributed to give to our career its complex- 



22 GOVERNMENTAL HISTORY 

ion and its shape. Just as Columbus had began to carry 
his resohition of visiting England into effect, the final 
overthrow of the Moorish dynasty by the conquest of 
Granada, was announced, and gave a new aspect to the 
affairs of Spain. The triumph filled Ferdinand and Isa- 
bella with the proudest exultation, and produced a libe- 
rality of disposition which was ready to interest itself in 
almost any enterprize which might add the lustre of mu- 
nificence to the glory of conquest. The patrons and 
friends of Columbus, Quintilla and Santangel, avail- 
ing themselves of the favourable posture of affairs, 
again came forward and presented the subject, in a 
well-devised address, to the Queen. While congratu- 
lating her on the auspicious triumph of her arms, they 
lauded the munificence with which she had hitherto 
always patronized all great enterprizes, and expressed 
their surprise at her indifference to a project " the 
most splendid ever yet proposed to any sovereign." 
They commented on the favorable terms upon which 
Columbus proposed to embark in the adventure, they 
spoke of his sincerity, evinced by his willingness to 
hazard his own life and fortunes in prosecuting his 
plans. Speaking of his design to retire to England, 
they represented the danger of losing irrevocably the 
benefits which might result from the success of his 
schemes, the glory which would ensue to his patrons, 
and finally, appealing to the piety of Isabella, spoke of 
the sacred honor which she might win by thus extend- 
ing the dominions of the church, increasing its trea- 
sures, and bringing within its holy pale the degraded 
and benighted people of unknown and heathen lands. 

This was the moment of all others the most oppor- 
tune, and the appeal was not idly or ineffectually made. 
Isabella ordered Columbus to be instantly recalled, de- 



* 



OF THE UNITED STATES. 23 

clared that he should be employed on his own terms ; 
and entered so enthusiastically into his views, that, on 
Ferdinand again objecting the poverty of the treasury, 
she magnanimously threw down her jewels and offered 
to pawn them rather than that such an enterprise 
should be frustrated. Santangel was so overjoyed at 
the enthusiasm of the Queen that he seized and kissed 
her hand, and himself engaged to advance the sum re- 
quired. While these scenes were enacting at court, 
Columbus was proceeding on his way towards En- 
gland wholly unconscious of the efforts his friends were 
making in his behalf When the courier of the Queen 
overtook him, and announced the revolution in his fa- 
vor he was completely overpowered by the unexpected 
intelligence. He repaired at once to Santa Fe, where 
he soon forgot the wrongs and indignities he had suf- 
fered during eight tedious years of fruitless negociation, 
in the prospect of, and preparations for his voyage. 
Under these favorable auspices he set sail on the 3d 
day of May, 1492. 



CHAPTER V. 

We do not propose to enter into a detail of the ad- 
ventures of Columbus, nor does our present purpose re- 
quire us to pursue any farther his personal history. 
He made several voyages whose astonishing results de- 
monstrated, to some extent, the correctness of his theo- 
ries respecting the structure of the globe, disclosed the 
existence of a world hitherto unknown to civilized so- 
ciety, and awakened among the rival powers of Europe 



24 GOVERNMENTAL HISTORY 

a bolder spirit of naval enterprize and discovery. Each 
became ambitious to extend its dominions over the New 
World, and to enrich its treasury, and each fitted out 
its expeditions. But in no country were these enter- 
prizes of exploration entered upon with more ardour 
and alacrity than in England. We have already had 
occasion to note the circumstances which prevented 
Henry YII. from becoming the patron of that splendid 
scheme which discovered the continent of America. 
When it was proposed to him by the brother of Co- 
lumbus his sagacious mind comprehended at once the 
magnificent project, and entered warmly into the de- 
signs of its author. The subject became a topic of 
free conversation in his court, the attention of scien- 
tific men was directed towards it, and a spirit of re- 
search and inquiry was consequently cultivated. The 
return of Columbus, his triumphant success, the dis- 
covery of a New World, and his fervid and enthusi- 
astic descriptions of the countries in it which he had 
visited, which even in reality seemed far to surpass the 
brightest visions of the imagination, roused the attention 
of the whole kingdom, and the crown readily assented 
to the application of some of its subjects to embark in a 
similar enterprize. Her skill in navigation, however, 
was not now such as to enable England to carry out 
these purposes. The genius and energy of the nation 
had been long wasting in fruitless endeavors to subju- 
gate France, and even after this ambition had abated 
she found herself the prey of internal commotions. 
For the space of two centuries, while commerce and 
the mechanic arts were making sure progress in the 
north and the south of Europe, England had remained 
almost insensible to the advantages of her position, and 
looked with indiftcrence on the projects and arts which 



OF THE UNITED STATES. 25 

have since become her boast, her pride, and her power. 
While other nations had been promoting the interests of 
trade and navigation, England had remained inactive, 
unaltered and unimproved. Her own ships and seamen 
had not ventured out of sight of her coasts, and were 
hardly acquainted with the distant ports of Europe.* 
Such being her condition it became necessary, in order 
to enter upon the enterprize of exploration, to look to 
other countries for seamen and navigators. Henry ac- 
cordingly iiwested Giovanni Gabot or John Cabot, a 
Venetian adventurer, then at Bristol, with the chief 
command of such an expedition. To him and three 
of his sons, Lewis, Sebastian, and Sanctius, power was 
given to sail under the flag of England, in any direc- 
tion, to discover countries as yet unknown to any 
Christian nation, and to take possession of the same in 
the name of the crown of England. This commission 
was dated March 5, 1495 ; but Cabot did not set sail 
on the enterprize proposed until May 4, 1497, when 
he embarked at Bristol, with his son Sebastian, on 
board of a vessel which was furnished by the crown, 
accompanied by a squadron of smaller vessels prepared 
and furnished by a company of merchants of that city. 
The more immediate aim of this enterprize was to dis- 
cover a new route to the East Indies, which, as we 
have before remarked, it was then generally believed 
could be accomplished by sailing directly westward. 
The countries which Columbus had discovered were 
supposed to be a part of the continent of Asia, and the 
islands adjacent, to belong to the "long chain of Indian 
islands ;" hence the country was called the West 
Indies, and the inhabitants received the appellation of 
Indians. In accordance with the prevailing opinion 

* Bigland, Robertson. 

3 



26 GOVERNMENTAL HISTORY 

Cabot directed his course due west. After sailing to 
that point for several weeks he discovered the Island 
of Newfoundland. A few days afterward he discovered 
the Island of St. Johns. He landed at each of them, 
made some observations on the nature of the soil and 
the climate, took possession of them in the name of the 
crown of England, and embarked, taking with him 
three of the natives. Holding his course still to the 
Avest he reached the continent of North America, and 
sailed along the coast from 56^ to 38*^ N. L. — from 
Labrador to the coast of Virginia. Discoverinor no inlet 
which seemed to promise a communication with the 
Southern or Indian Ocean, he did not land, but, on the 
twenty-fourth day of June, returned to England with- 
out having made any advances towards a conquest or 
settlement of the country. 

If priority of discovery had at this time been regarded 
as conferring an absolute title in the new country, 
Henry might have taken advantage of the results of 
this expedition, to annex this portion of it to his own 
dominions. But the return of Cabot found the nation 
embroiled in a war with a neighbouring Island, while 
she had scarcely recovered from the civil feuds which 
had recently convulsed her western provinces. Henry 
too was at this time too solicitous of retaining the 
friendship of Ferdinand of Arragon, being engaged in 
neofociatinor an alliance between his eldest son and Ca- 
tharine, the daughter of that monarch. He therefore, 
courteously rather than justly, conceded that the islands 
and territory which Cabot had discovered might lie 
within the limits of the very liberal grant made to 
Ferdinand and Isabella, by Pope Alexander VI. ; nor 
had even kings, in that day, the hardihood or impiety 
to question the validity of a donative from the See of 



OF THE UNITED STATES. 27 

Rome. These circumstances and considerations in- 
duced Henry to abandon the idea of another expedition 
to the new continent, and no further improvement was 
made of the discovery, except that the private enterprize 
of a few individuals carried on a fishing and fur trade 
with the natives. A period of more than sixty years 
was permitted to pass away before the crown of Eng- 
land became again actively interested in its discoveries 
in America. A variety of causes had combined to 
withdraw its attention from a subject which was des- 
tined to become one of deep and thrilling interest to 
the whole world. It was reserved for the spirited and 
efficient reign of Elizabeth in a measure to accomplish 
what her predecessors had, through effeminate indo- 
lence, papal fear, negligence, or want of ability, left so 
shamefully undone. The peaceful reign to which she 
succeeded, and the tranquillity which attended the first 
thirty years of her own auspicious administration, had 
combined to promote the growth of commercial enter- 
prize, to give a wider range to the investigations of 
science, to encourage the mechanic arts, and to protect 
and foster all the departments of learning and industry. 
The rapid progress she had made in the art of naviga- 
tion, had, in a few years, nearly outrun the attainments 
of more experienced nations, a navy was built up, sea- 
men were fostered, and adventurers multiplied. The 
wide field of naval enterprize into which Elizabeth 
sent forth her subjects quickened their energy, while 
their achievements were the most admirable and aston- 
ishing which history had yet recorded. But we must 
pass by the various projects for discovery which gave 
lustre to her reign, and confine ourselves more par- 
ticularly to those which may be regarded as the origin 
of our own governmental history. 



28 GOVERNMENTAL HISTORY 



CHAPTER VI. 

It was her jealousy of rival powers, coupled with a 
desire to extend her own dominions, which prompted 
Elizabeth to turn her attention to the New World. 
The vast revenues which Spain was reaping from her 
colonies in America, excited her emulation, and she 
resolved to settle the country which had simply been 
discovered, and but carelessly visited. A plan for 
establishing a permanent settlement had been ah'eady 
projected by men of rank and opulence. It was sub- 
mitted to Elizabeth, and on the eleventh day of June, 
1578, Sir Humphrey Gilbert, its principal projector, 
obtained from the Q,ueen a patent, authorising him " to 
discover and take possession of all unknown and 
heathen lands wherein no Christian people were dwell- 
ing or abiding" — giving to him and his heirs full right 
and title to all the countries of which he might take 
possession — to be holden of the crown of England, 
rendering homage, and paying one-fifth of whatever 
gold or silver ore might be found therein — with power 
to him and his heirs to dispose of any portion of the 
same to settlers in fee simple, jirovided always^ that 
such sales should be made agreeably with the laws of 
England — the settlers to have and to enjoy all the 
privileges of free denizens and natives of the mother 
country, any law, custom, or usage to the contrary 
notwithstanding. Sir Humphrey and his heirs were 
to have complete administration over all the settlements 
planted by him, with all powers and royalties, marine, 
civil, and military ; with power to convict, pardon, 



OF THE UNITED STATES. 29 

punish, govern and rule, as well in cases capital or 
criminal as civil, both maratime and other, all persons 
who from time to time shall settle therein, according 
to such laws, statutes, and ordinances as by him, his 
heirs, or assigns should be devised or established for 
their better government." Free and full permission 
was given to any of her subjects who might be dis- 
posed, to go and settle in those countries, while all per- 
sons were " prolubited attempting to plant an inde- 
pendent colony within two hundred leagues of any 
place which Sir Humphrey Gilbert, or his associates 
should have occupied, for the space of six years." 

Such were the liberal powers and immunities with 
which Sir Humphrey Gilbert was endowed, and which 
were to encourage the expedition proposed for planting 
a settlement on the shores of America. His personal 
worth and consideration, united with the distinguished 
exertions of his half brother Sir Walter Raleigh, soon 
procured a number of associates in the adventure. But 
the success of the enterprise was not equal to the zeal 
of its patrons, or the efforts of its projector. He made two 
attempts to plant a colony, during which nothing further 
was accomplished than to take possession of the coimtry 
in the name of the crown of England. The absence 
of all knowledge of the country, the insufficiency of 
the preparations made for establishing a settlement, the 
mutinies and insubordination of the crew, and the loss 
of his most valuable vessels, were the principal causes 
which operated to prevent the accomplishment of tlie 
designs of this enterprise. They were at length fully 
frustrated, by a violent storm encountered off the cold 
and barren shores of Cape Breton, during which Sir 
Hum.phrey perished by shipwreck. 

The bold and zealous spirit of Sir Walter Raleigh, 



30 GOVERNMENTAL HISTORY 

who did not accompany these expeditions, was not dis- 
mayed by the unfortunate fate of his kinsman. He 
made an application to the Q,ueen ; and on the 27th 
April 1584, received a patent containing as liberal a 
bestowment of powers and privileges. Under its pro- 
visions he fitted out a small squadron, which made a 
few discoveries farther to the South, but did not effect 
any settlement. Sailing up Albemarle and Pamlico 
sounds, they engaged in a little traffic with the natives, 
derived from them some information of the country, 
and takincr two of them on board returned as^ain to 
England in the following September. The season of 
the year at which they approached tlie coast of Amer- 
ica, combined with the general aspect of the country 
and the purity of the climate, to produce the most 
pleasing impressions upon these adventurers. The eye 
was never tired with gazing upon, and the imagination 
was bewildered by, the wild scene of beauty and luxu- 
riance which • opened before their astonished vision. 
The majestic bay, the verdant island, the placid river, 
the rich forest, the exuberant soil, and the salubrious 
clime, were a most 2;rateful sequel to the fatigues, the 
hardships, the perils and the exposure of their uncertain 
and tedious voyage. They were remembered and de- 
scribed on their return with the most glowing enthu- 
siasm. Elizabeth became so fascinated with their de- 
scriptions, that she bestowed upon the country the name 
of Virginia, in memorial that a discovery so felicitous 
had been made under the auspices of a virgin Queen. 
Sir Walter Raleigh also derived encouragement from 
these descriptions to make further preparations for a 
settlement of the country, and accordingly fitted out 
another expedition wliich sailed on the 9th April 1585. 
It consisted of seven small vessels under the direction 



OF THE UNITED STATES. * 31 

of Sir Richard Greville, who planted a colony at Roan- 
oke, and, entrustincr the government of it to Ralph Lane, 
returned again to England in August of the same year. 
This plantation consisted of about 108 persons, who were 
chiefly occupied in making scientific observations and 
acquiring information as to the resources of the country. 
The approach and progress of Avinter, the failure of 
their stores, and the ravages of disease, conspired to 
enfeeble and diminish their numbers, and to threaten 
their entire extinction. In the month of June 1586, 
tliey were cheered by the arrival of Sir Thomas Drake, 
who was then returning from a naval expedition against 
the Spaniards in the West Indies, and availing them- 
selves of this opportunity, they all embarked for Eng- 
land. Among this handful of adventurers, whose ne- 
cessities thus compelled them to return to their native 
land, was one Hariot, a man of much learning and science, 
and great practical intelligence. He had employed 
himself industriously during his adverse residence on 
the new continent, in philosophical researches, and in 
making observations on its soil, climate and produc- 
tions ; and the manners, customs and extent of its native 
population. The result of his investigations was given 
to the public, was sought after and read with great 
avidity, and increased the already glowing desire of the 
nation for the occupation and settlement of the country. 
The principal product of the soil cultivated by the na- 
tives was Tobacco, which was at this date first intro- 
duced to the acquaintance of civilized society, for says 
the historian of those times " the use of it was fondly 
adopted by Raleigh and some young men of fashion." 

Early in the succeeding year, 1587, Sir Walter Ra- 
leigh fitted out a third expedition under the direction of 
Capt. John White, which was composed of a large num- 



32 GOVERNMENTAL HISTORY 

ber of adventures both male and female. Capt. White 
was instructed to plant the colony on the Chesapeake, but 
arriving at Roanoke in the month of July, when every- 
thing combined to give the most favourable impressions 
of the station, he determined to remain there. The 
charter under wl.ich this colony was planted named 
them as " TJie Governor and assistants of the city of 
Raleigh in Vlrginia.^^ Under it, Capt. White was 
appointed their Governor with twelve assistants, who 
together constituted a board, or Council, in whom re- 
sided executive and legislative powers. But the leaders 
of this enterprise had not profited by the experience 
and the fate of former adventurers, and, after the first 
flow of joyful emotion on account of their safe arrival 
had subsided, and they began to realize their true situ- 
ation, they were surprised to find themselves on a shore 
covered with thick and interminable forests, inhabited 
by naked savage tribes, and that they were but poorly 
provided with the means of sustenance, or the appli- 
ances necessary for their settlement, safety, and com- 
fort, in so wild a region. A request was unanimously 
made that Capt. White would return, and solicit from 
their patrons at home, such supplies as were needful 
for the maintenance and preservation of- the colony. 
His appearance in England with this vieu-, however, 
happened at a most unfavourable juncture, just as the 
famous Armada of the Second Philip of Spain was 
threatening the kingdom. Raleigh and his coadjutors 
were now occupied with the more thrilling and momen- 
tuous interests of their own country, the few and en- 
feebled adventurers who languished in the distant coast 
of America were forgotten or neglected, and left to 
perish without sympathy or consolation : Governor 
White came over again in the yc;ar 159U, with supplies 



m 



OF THE UNITED STATES. 33 

and recruits for the colony, but he found no one to tell 
the history or the flite of those he had left there, and he 
returned again to England. 

Thus terminated the last attempt made during the 
reign of Eh'zabeth to settle Virginia. Sir Walter Ra- 
leigh, whose commanding genius and splendid accom- 
plishments gave lustre and energy to whatever enter- 
prise he extended his patronage, had conceived a new 
project of settling a large district in Ireland of which 
he had received a grant from the Queen. Other pro- 
jects equally fascinating, and rendered the more attrac- 
tive to his restless spirit because of the difficulty of their 
achievement, at the same time interested his attention 
and supplanted the late favourite idea of settling Yir- 
GiNTA. He transferred all his interest in the territory 
of that colony, by assigning his patent to Sir Thomas 
Smith and a company of merchants, under whose 
auspices several voyages were made for the purposes 
of traffic with the natives, but they were not attended 
with any praise-worthy attempts to meliorate the con- 
dition of the country. Thus at the decease of Eliza- 
beth in the year 1603, notwithstanding all the enter- 
prise that had been lavished, the lives which had been 
sacrificed, and the wealth which had been expended, 
there was not one white man livinof in Virafinia : With- 
out staying to speculate upon the various causes which 
had operated to prevent a permanent settlement in the 
country, the fact is one which addresses itself with a 
singular interest to the reflective mind. The convic- 
tion can hardly be resisted that this portion of the new 
world was marked out by the Omniscient Ruler of na- 
tions as a spot where should be witnessed the origin of 
a nation, the history of whose government and institu- 
tions should mark the developement of principles in 



34 GOVERNMENTAL HISTORY 

the human character, and in human government, such 
as the annals of mankind had never yet recorded. 
These shores did not, like those discovered by the 
Spanish and Portuguese navigators, abound in mines of 
gold or of silver ore ; they presented only an extended, 
a luxuriant and fertile soil : they opened no fountains 
whence the possessors might draw instant wealth, 
without labour or industry, but their value was to be 
known, and their profit gathered only in the fulfilment 
of that anathema '■ in the sweat of thy brow shalt thou 
eat thy bread." No votaiy of pleasure, no lover of in- 
dolence or of luxury, no eiFeminate scion of royalty, 
could find a place convenient for him on these shores. 
They were destined to be the abode of a mighty, mag- 
nanimous, and influential people, and must be settled 
by hardy, industrious, and well-bred adventurers. 



CHAPTER VII. 

It is not till after the accession of the first James to 
the throne of England in 1606, that we find recorded 
any further attempts at a settlement of the Continent of 
North America. The first permanent one was made 
under the auspices of his reign. He divided that por- 
tion of the continent which lies between 34^ and 45*^ 
of north latitude into two parts, nearly equal. The 
one he denominated the North the other the South 
Colony of Virginia. He made a grant of the latter 
division to Sir Thomas Gates and othei^s, who were 
mostly residents at London ; authorising them to settle 
any part of it they might choose. This portion was 



OF THE UNITED STATES. 35 

included between 34° and 41^^ north latitude, and the 
jurisdiction of the company was to extend along the 
coast for fifty miles north and south of the spot where 
the colony should first locate, and back into the interior 
one hundred miles. — The northern division was com- 
prehended between 38° and 45° north latitude, and 
was granted to " certain knights^ gentlemen^ mer- 
chants and others^ adventurers^ of Bristol^ Exeter,^ 
Plymouth and elsewhereP Their jurisdiction ex- 
tended over the territory in the same manner with the 
other, -provided that the settlements of either company 
were made so that their respective plantations should 
be separate from each other about one hundred miles. 
These associations were incorporated into a company 
for the purposes of trade, with power to have a com- 
mon seal, and also to act as a political body, and 
were denominated respectively— The Colony of 
Virginia, and The Plymouth Company. It was 
provided that the supreme government of the Colonies 
which these several associations should plant in Ame- 
rica should be vested in a Council resident in Enghmd, 
and appointed by the crown. Subordinate jurisdic- 
tion was vested in a President and Council, resident 
in the Colorjy, who were appointed by the Crown, and 
required to exercise their functions in conformity with 
such regulations as might be devised by the crown 
and council in England. Their ordinan«es were not to 
extend to life or limb, were to be in conformity with 
the kuvs of England, and were to continue in force un- 
til made void by the crown and council in the mother 
country. High crimes, such as tumult, mutiny, mur- 
der, rebellion and incest, were to be punished in Eng- 
land, and lesser offences, by the President and Council 
of the Colony in their discretion. The colonists were 



36 GOVERNMENTAL HISTORY 

required to take an oath of allegiance to the crown, and 
of obedience to the colonial administration, and were 
to have and enjoy all the rights, privileges and immu- 
nities of free-born natives of England ; and were to 
hold lands upon the same tenure by which the same 
estates were held there. The Church of England 
was to be the established religion of the Colonies. It 
was also provided that exports necessary for the colo- 
nies should be sent to them free of duties for the space 
of seven years. The colonists were allowed to trade 
with foreign countries, and duties were to be levied on 
foreign commodities imported into them, to be appro- 
priated for their special and sole benefit for tlie space 
of twenty-one years. " Thus," says Dr. Robertson, in 
commenting on this part of their history, " without 
hesitation or reluctance the proprietors of both colonies 
— Virginia and Plymouth — proceeded to execute 
their respective plans, and under the authority of a 
charter which would now be rejected with disdain, as 
a violent invasion of the sacred and inalienable rights 
of liberty, the first permanent settlements of the Eng- 
Hsh in America were established." 

It is easy for us, looking back to this period of our 
history upon these governmental regulations, to dis- 
cover the origin of those principles which afterwards 
became so obnoxious to the colonists, and so fatal to the 
power of the crown in America. But while, to our 
view, they seem so wholly to disregard the actual po- 
litical rights of the settlers, and so disastrously to in- 
vade their liberties, we are not surprised that they met 
with so ready an acquiescence among them. It should 
be remembered that the territory on which the settle- 
ments were to be made was claimed by, and it was ad- 
mitted that the title resided in the crown, and it could 



OF THE UNITED STATES. 37 

hardly be supposed that the crown would divest itself 
of all interest or concern in its government. The ob- 
ject aimed at was to make it available as a part of its 
dominions, and the advantages derived both to the set- 
tlers and the proprietors, were regarded as a sufficient 
compensation, or equivalent, for the conditions and re- 
straints to which they were subjected. It is but doing 
justice to the spirit, the designs, and the relations of 
the parties to this compact of government ; it is but jus- 
tice to the prevailhig sentiments of those times ; and 
more truly is it justice to the progress of free principles 
and the subsequent triumphs of civil and religious lib- 
erty, to say that the plan devised, however imperfect 
and exceptionable it may now appear, was originally 
framed with a view tt) protect and promote their seve- 
ral rights and interests. We have already seen how 
gradually the human mind awakened from the dark- 
ness which had humbled it, and in the brighter pro- 
gress of our own history we shall see how gloriously 
it ultimately cast oif the shackles v/hich ignorance, and 
prejudice, and superstition, and bigotry had for ages 
bound around it. " From this period," says the same 
historian " the progress of the two provinces, Virginia 
and New England^ form a regular and connected story. 
The former in the south and the latter in the north, 
may be considered as the original and parent colonies 
in- imitation of which, and under whose shelter all 
others have been successively planted and reared." 
But as the settlements made in the colony of Yirginia 
were of an earlier date, and as it better subserves the 
design of this work, v/e propose first to trace its history 
and will then proceed with that of Neio England. 

4 



38 GOVERNMENTAL HISTORY 



CHAPTER VIII, 

We have already had occasion to observe the pecu- 
liar disadvantages under which these early settlements 
were attempted. AVithout entering into a particular 
detail of the trials, hardships, dangers and sufferings 
with which the colonies had to contend in their infancy, 
we will find abundant matter for pleasing and profita- 
ble speculation to trace their advancement, and mark 
their progress through all these perils, till we find them 
assuming a rank and consideration, which from its 
more intimate bearing on our own governmental his- 
tory, deserves our most interested attention. " It will 
exhibit a spectacle no less striking than instructive, and 
presents an opportunity which rarely occurs, of contem- 
plating a society in the first moment of its political ex- 
istence, and of observing how its spirit forms in its in- 
fant state, how its principles begin to unfold as it ad- 
vances, and how those characteristic qualities which 
distinguish its maturer age are successively acquired."* 

The first expedition which w^as fitted out for the 
southern colony of Virginia, sailed from London under 
the direction of Capt. Newport, on the 19th day of De- 
cember, in the year 1606. It consisted of one vessel 
of about one hundred tons burthen, two barques, and 
one hundred and five persons. They bore with them 
sealed documents which contained the names of the 
council appointed for the government of the colony in 
America; wiiich were to be opened and the persons 
proclaimed within twenty-four hours after they should 

* Robertson. 



OF THE UNITED STATES. 39 

arrive at the coast of Virginia. The point of their 
destination was Roanoke. After having been out about 
four months they lost their reckoning, and while delibe- 
rating upon the expediency of returning to England, 
they were driven by a violent storm into the mouth of 
the Chesapeake Bay. On the 26th of April, 1607, they 
descried i's southern point which they called Cape 
Henry, where a small party of them attempted to land, 
but being opposed by the natives and some of them be- 
ing seriously wounded, they returned again to their 
vessel, A few days afterward they discovered a point 
which they called Cape Charles. They soon after en- 
tered the mouth of a large river which they called 
James River in honor of their sovereign. Proceeding 
some distance up its channel they landed on the 22d 
June, and planted a settlement which they called James- 
town. Having opened their documents and proclaimed 
the names of the council, they proceeded to elect a 
president, when Mr. Edward Wingfield was chosen to 
fill the office. Capt. Newport sailed for England on 
the 15th of July following, leaving at Jamestown one 
small vessel and one hundred and four colonists. Pre- 
vious to his departure their necessities were supplied 
from the stores which had been laden on board of the 
ships. That which was left to them, having received 
much damage during the voyage, was rendered delete- 
rious and unpalatable by the progress of decay. Thus 
they became a more easy prey to the diseases of the 
climate, and before the frosts of winter came to check 
the progress of sickness among them, about fifty of their 
number were consigned to the tomb. The hardships 
to which the survivors were subjected produced a jeal- 
ousy of the superior comfort in which their president 
was supposed to live, gave rise to dissatisfaction and 



40 GOVERNMENTAL HISTORY 

dissension, which resulted in his being deposed, and in 
the election of Mr. Radcliif to the vacancy. The new 
president, however, had no more means, nor had he 
the ability to heal the maladies Avhich now threatened 
the extinction of this small colony. Its numbers were 
few, they were without wholesome provisions, Avere 
scarcely clothed, and being exposed to all the diseases 
incident to new countries, were much enfeebled. Su- 
peradded to all these sources of embarrassment they 
were daily annoyed and alarmed by the unrelenting 
hostilities of the natives. If human instrumentality 
could effect it, it needed the outlay of superior energy^ 
and the influence of commanding talents to accomplish 
its preservation. In this emergency Capt. Smith was 
chosen to superintend its affairs. By his skill and ex- 
ertions a small fort was erected of raw materials for 
their defence, the natives were discomfited, and the al- 
most expiring colony was restored to a healthful vigor. 
AVhile reading the history of mankind, it is at once 
interesting and instructive to observe how the destinies 
of the human race are forwarded by that omniscient 
mind which surveys and directs, and whose mysterious 
operations control, the allotments of men and nations. 
Without knowing that this feeble colony was indeed 
the germ of a future nation, we might wonder at the 
folly and temerity of those who would seek to sustain 
it, as affording the least prospect of ameliorating the 
condition of the country in which it was planted. 
Scarce had it begun to revive under the efficient ad- 
ministmtion of its new head, before it was overtaken 
by a calamity which human wisdom pronounced the 
signal for its final and complete desolation. In de- 
voting himself assiduously to the duties of his station, 
and seeking to promote the interests of the colony, as 



OF THE UNITED STATES. 41 

well as the designs of his sovereign, Captain Smith 
undertook to explore to its source a neighbouring river. 
While engaged in prosecuting this object he was sur- 
prised by a party of Indians. He offered a resolute re- 
sistance to their numerous force, till, finding himself 
about to be overpowered, he sought safety in flight, but 
becoming entangled in a swamp was made their pris- 
oner. He elicited their veneration, and preserved him- 
self from immediate massacre by exhibiting to them a 
mariner's compass. They bore him in savage merri- 
ment and exultation through several of their villages, 
and finally conveyed him to the tent of Powhattan, the 
most powerful and renowned chief of their tribe.* The 
chief sentenced him to death, and the sentence was 
directed to be executed by placing his head on a block 
and beating it to pieces with a club. Pocahontas, the 
favorite daughter of the king, now about thirteen years 
of age, had become deeply interested in the pale stran- 
ger, and anxiously supplicated for his life. But Pow- 
hattan had grown suspicious of the designs of the white 
man and was inexorable, and the prisoner was led out 
to be executed. His head was fastened to the fatal 
block, and the instrument of death was impending over 
him. Just as it was about to descend Pocahontas 
rushed forward, threw herself upon the victim, and 
covering his head with her own, stayed the blow of the 
executioner. The chief was afterwards persuaded to 
spare his life, and after exchanging pledges of amity, 
liberated and sent him to Jamestown. 

Captain Smith had been absent about six weeks, and 
a less resolute and daring spirit than his would at once 
have yielded to despair at the condition in which he 
found the colony on his return. It was reduced to the 

* Marshall. 

4* 



42 GOVERNMENTAL HISTORY 

number of thirty-eight persons, who were just about to 
quit the country when he arrived. Not being able to 
persuade tliem to desist from their intention, he resorted 
to compulsion. Turning the guns of the fort upon the 
bark, he presented to them the alternative to die or 
remain, and thus prevented their departure.* 



CHAPTER IX. 

This adventure of Captain Smith resulted in pro- 
ducing such a spirit of amity and conciliation among 
the natives that he thereafter obtained from them all 
needful supplies of provisions, by which means this 
remnant of a colony was preserved from perishing. 
At this crisis in their history a vessel arrived from the 
mother country laden with supplies for the colony, and 
bringing about one hundred and twent^r persons, con- 
sisting of "gentlemen, mechanics, and artificers." 
Althougli this timely accession to their numbers mate- 
rially brightened the prospects of the colony, its ad- 
vancement was retarded by that bane of all human 
happiness and prosperity, the love of gold. Some 
shining dust was discovered in the bed of a neighbour- 
ing stream which was mistaken for that metal, and the 
settlers were so carried away with the idea of suddenly 
enriching themselves that they could think of, or do 
nothing else but hunt after it. The first exportation 
ever made to the mother country from this continent, 
was at this time, in two barques, one freighted with 
cedar and the other with this dust.* It is almost impos- 
* Marshall. 



OF THE UNITED STATES. 43 

sible to conceive how much the growth and prosperity 
of the settlement were retarded by this singular delu- 
sion. It was preserved only through the able and 
judicious administration of Captain Smith, the fall ex- 
tent of whose usefulness and efficiency in laying strong 
and sure the basis of its permanency cannot be too 
highly extolled or appreciated. It may be to some ex- 
tent understood when we state, that the explorations 
which he made of the country now comprehended with- 
in the limits of Maryland and Virginia, and the charts 
which he drew of its rivers, bays, inlets and harbours, 
with the accounts which he gave of its resources, 
were so full and accurate that " after the progress of 
information and research for a century and a half, 
they exhibit no inaccurate idea of both countries, and 
are the original on which all subsequent delineations 
and descriptions have been formed."* The colony re- 
mained under his auspicious administration until the 
year 1609, when, having been severely wounded by an 
explosion of gunpowder, he was obliged to visit England 
for medical treatment. He left it with a population of 
about five hundred persons, sixty comfortable and con- 
venient dwellings, various implements of husbandry, 
and other appliances for its preservation and prosperity. 
But the life and vigor which he had infused seemed 
to have departed with Capt. Smith. He had scarcely 
gone before the colony relapsed into a state of faction 
and misrule, every principle of self-preservation seemed 
to be lost, and it was fast verging towards destruction. 
Divided and contentious among themselves, they stirred 
up strife with the natives, whi!e they thus became a 
more easy prey to their treachery and cunning. In 
less than six months their numbers were reduced to 

* Robertson. 



44 



GOVERNMENTAL HISTORY 



about sixty souls, who must inevitably have perished, 
but for the timely arrival of Sir Thomas Gates and 
otliers from the West Indies, with whom they proposed 
to sail for England. They accordingly embarked with 
this intent on the 10th of June, 1610. Before they had 
fairly got under way, they were met by Lord De La 
War and others, who. persuading them to return, re- 
cruited tlieir diminished numbers, supplied their neces- 
sities, and resettled them at Jamestown. Lord De La 
War had obtained from the South Virginia Company 
a patent constituting him Governor and Captain General 
of the colony. He entered upon the discharge of his 
official duties with energy, firmness and decision. He 
restored to the colonists union, harmony and good 
government, wliile at the same time he inspired the 
natives with great awe of his authority. But his de- 
cjiiiing health did not permit him long to discharge 
the duties of this important and responsible station. 
He resigned the government into the hands of Mr. 
Percy, and sailed for the West Indies, leaving about 
two hundred inhabitants in the colony, in the enjoy- 
ment of health, tranquillity, and plenty. 

On the tenth day of May, 1611, Sir Thomas Dale 
arrived from England, with a full supply of stores and 
provisions, and a large number of settlers. He found 
the colony in an alarming state of confusion and anar- 
chy, and was obliged to proclaim martial law in order 
to reduce them to quiet and subordination. He was 
succeeded by Sir Thomas Gates, who arrived a second 
time in the colony in August of the same year, with 
six vessels freighted with men, provisions, and other 
stores. In the following year. 1612, a new charter was 
issued to the Soiitli Virginia Company which annex- 
ed to the original grant '•'■ all the Islands of the Ocean 



OP THE UNITED STATES. 45 

lying within three hundred leagues of the coast of Vir- 
ginia." Besides the provisions already mentioned this 
charter ordained that a General Court of the Company, 
should be held four times a year for the determination 
of all matters of general interest and importance, and 
that it should meet weekly for the transaction of ordi- 
nary business. 

From this period we date the permanent and pros- 
perous settlement of this plantation. Hitherto pro- 
perty had been held in common by the settlers, and, 
according to royal instructions, the produce of labour 
and cultivation was deposited in public stores, and 
thence distributed alike to all. But now the Presi- 
dent divided a portion of the lands into lots of seve- 
ral acres each, and granted one of them in full right 
to each individual. The beneficial eiFects of this new 
policy was at once perceptible in the influence it had 
upon the habits and dispositions of the colonists, and 
the rapidity with which it promoted the growth and im- 
provement of the entire plantation. Property being thus 
distributed, and each individual reaping a reward pro- 
portioned to his own labours and exertions, the virtues 
of industry and frugality were cultivated, and personal 
enterprise was awakened and encouraged. Sir Thom s 
Gates returned again to England in 1614, when the gov- 
ernment of the colony devolved again upon Sir Thomas 
Dale. The eifect of dividing the territory into nor tions, 
and allotting them to individuals as their own property, 
to be cultivated for their own benefit, was found to be so 
much more subservient to the interests of the colony, 
that the system of labouring in common, and depositing 
the products of this labour in public stores for the 
common benefit, was now entirely abandoned. The 
Company in England, convinced that this was the 



46 GOVERNMENTAL HISTORY 

surest way of peopling the country and encouraging 
emigration, gave notice that fifty acres of land would 
be given to each person who emigrated. The conse- 
quence of this was that large numbers of persons were 
induced to plant their families, and try their fortunes, 
in this new country. In 1615 the colonists undertook 
the cultivation and exportation of Tobacco, but the 
attempt to introduce it into the polished circles in the 
mother country excited the odium of the Crown, and 
the contempt and ridicule of the principal members in 
Parliament. At length James issued a pamphlet 
against it which he called a comiterhlast^ and the 
Company was required to prohibit the cultivation of 
it in the colony. Notwithstanding it has outlived this 
prejudice, and has since become not only a profitable 
article of commerce, but its use also as a beverage, 
though none the less odious and disgusting in some of 
its forms, is freely adopted in almost all parts of the 
world. 



CHAPTER X. 

In 1616 the government of the colony was entrusted 
to Sir George Yeardley, who, after a mild administra- 
tion of about one year, returned to England, and Cap- 
tain Argal was appointed to the Presidency. Argal 
was a man of enterprise and ability, but of a cold, 
selfish, and domineering disposition. He proclaimed 
martial law, and ruled over the colonists with a rigo- 
rous and unnecessary severity. He imposed arbitrary 
and oppressive restrictions upon their trade, inter- 



OP THE UNITED STATES. 47 

dieted the sports of the forest, and mflicted the penalty 
of slavery upon all who refused to attend church on Sun- 
days, or holy-days. The colonists laid their grievances 
before the Company in England, who appointed Sir 
George Yeardley to examine into the wrongs of which 
they complained. Mr. Yeardley arrived again in the co- 
lony, in pursuance of his commission, in the year 1619. 
He called a general assembly of the colonists, but as their 
settlements had become widely extended, and it was in- 
convenient for the people generally to assemble, the 
convention was formed by delegates from the several 
plantations in the colony, who were permitted to as- 
sume the high and proud prerogatives of legislators. 
Eleven towns or boroughs were represented in this 
convention, and the representatives were called Bur- 
gesses. The ordinances passed by this assembly were 
not numerous or of particular importance, except an 
act dissolving martial law which had been established 
by Argal. The principal object of the President, or, 
as he was now denominated, the Governor, in calling 
this convention seems to have been to soothe the spirit 
and feelings of the people, who rejoiced to find them- 
selves exercising the privileges and functions of Eng- 
lish freemen. This was the first representative as- 
sembly ever held in America, and forms an interesting 
and important sera in the governmental history of the 
colonists. Itgav^them a taste for legislative liberty 
which could never thereafter be offended with impu- 
nity. Hitherto they had had no voice in the ad- 
ministration of affairs, but the powers of legislation 
Jiad been exercised either by the Company in England, 
or by a council or officers of their appointment in the 
colony. 

The progress of their settlements, the expansion of 



48 GOVERNMENTAL HISTORY 

their resources, and their generally increasing pros- 
perity, now relieved the people from the perplexities 
and embarrasments which had attended their earlier 
history, and they found leisure to devote themselves 
more carefully to the general interests and concerns of 
the colony. Turning their attention to the charter 
regulations of the Company, they began to discover the 
impropriety of many of its provisions, and gradually to 
emerge from that quiet and easy spirit of acquiescence 
in which they had so long reposed. In their assemblies 
there appeared many popular orators, who exposed the 
injustice of the policy pursued by the crown and coun- 
cil in England, and whose denunciations of the same 
were bold, manly, and energetic. The conditions and 
limitations to which they had submitted in their in- 
fancy, were felt as restraints beyond the measure of 
v/hich the spirit of liberty soon swelled itself, until the 
cry went forth, loud and incessant, that to them should 
be extended all and unqualified the privileges of free 
natives and denizens of the mother country. They 
succeeded at length in procuring the publication of a 
new charter, which was issued in the year 1621, erect- 
ing the government of the colony in a more constitu- 
tional and enduring form. It was composed of a 
Council of State who were appointed and removable 
by the Company in England, and with a Governor, 
formed the executive branch. Th^ legislative powers 
were vested in the Governor, Council, and Burgesses or 
delegates from the several towns, who were chosen by 
the people of the boroughs or towns which they repre- 
sented. This assembly was authorised to enact all 
laws, and pass ordinances, necessary for the regulation 
and protection of the interests and relations of the 
colony. Their deliberations were controlled by a ma- 



OF THE UNITED STATES. 4$ 

jority of the members, while a negative on their enact- 
ments resided in the Governor. Their ordinances were 
subject to the revision of the General Court of the Com- 
pany, in England, and were to be ratified under its 
seal ; while on the other hand no order of the General 
Court, was binding upon the colonists unless the same 
was assented to by the General Assembly. It was fur- 
ther provided that the General Assembly of the colony 
should " imitate and follow the policy of government, 
laws, customs, and manner of trial, and other adminis- 
tration of justice used in the realm of England as near 
as may be." 

Under this organization the Governor was supposed 
to represent the King, the council to answer to the Peer- 
age, and the delegates to the house of commons ; such 
at least is the analogy to the constitution of England 
which is fondly traced by her historians. But in atten- 
tively perusing the history of her colonies in America, 
we discover far more interesting and important devel- 
opements of free republican principles, and a more 
noble and generous regard for the rights of man, in 
their departures from, than in their assimilations to, 
the constitution and laws of the mother country. Un- 
der a policy and frame of goverment so much more 
favourable to the interests and liberties of the colonists, 
though in many of its features still objectionable, the 
prosperity of the- colony was greatly promoted. Con- 
stant accessions were made to its numbers by the arri- 
val of new adventurers, additional towns were erected, 
and the number composing the representative assembly 
was increased. This increase of their settlements, and 
wide dispersion of the population, was found to render 
the existing administration of justice inconvenient and 
almost impracticable, inasmuch as the judicial powers 

5 



50 GOVERNMENTAL HISTORY 

were vested exclusively in the Governor and Council, 
who held their courts at Jamestown. To obviate these 
evils inferior courts were established whose jurisdiction 
embraced a certain district composed of a convenient 
number of towns associated together, which were called 
comities. These courts were called county courts, the 
first of which was held in the year 1622. Appeals lay 
from these inferior courls to the superiour tribunal of 
justice. 



CHAPTER XI. 

The rapid growth, and more frequent deliberations 
of the assembly of the colony, led to a still further ex- 
position of the objectionable features inherent in the 
policy of their charter governments, and emboldened 
them more freely to assert, as well as to oppose, any in- 
fringement of their rights or liberties. James and his 
ministers looked with jealousy and apprehension on 
these symptoms of increasing strength and seeming in- 
dependence. Attempts were accordingly made to 
check the freedom of their debates, and to bring them 
back again to their original state of quiescence and sub- 
jection. But these attempts rather than proving effec- 
tual had the effect to link the colonists more firmly to 
each other. Finding the measures resorted to unavail- 
ing, the King at length had recourse to liis prerogative. 
In its unjust and arbitrary exercise he issued a commis- 
sion appointing commissioners to enquire into ail the 
transactions of The Souih Virginia Company from 
its first organization. The result of this investigation, 



OP THE UNITED STATES. 51 

agreeably with the design with which it was directed, 
was made the pretext for depriving the Company of its 
charter. The consequence of this was a dissolution of 
its incorporation, and an escheat of all the privileges, 
powers, and immunities which its charter had con- 
ferred.* Although the existence of this company 
in England had not been in itself directly favorable to 
the. rapid advancement of the colony in America ; al- 
though its government over the settlers had been, in its 
spirit and provisions, rigorous and arbitrary, and had 
tended rather to their oppression, still its dissolution 
was regretted. It was more easy of resistance, and, as 
we have seen, had been practically deprived of much 
of its authority, or a,wed from the exercise of its most 
odious powers, by the ready and indignant resistance 
of the colonists to any unwarrantable infringement of 
their liberties. But the entire prostration of the com- 
pany, and the assumption of direct and absolute control 
over them by the crown, seemed a death-blow to many 
of the institutions of g- .vernment and association which 
had grown up among them. It is interesting to observe 
how in the natural course of things the principles of 
civil liberty were here developed and grew. While 
but a handful of needy adventurers, they readily yielded 
to the control of a company on whose supplies and pro- 
tection their very existence depended. But as they 
grew in numbers, in strength, and in the resources of 
self-dependence, they overawed that company and dis- 
regarded its ordinances. At this crisis the crown steps 
in to claim its prerogatives of sovereignty over them. 
But they had developed principles, and founded insti- 
tutions of government among themselves which were 
hostile to those prerogatives, and against which it was 
♦ 1G33. 



52 GOVERNMENTAL HISTORY 

in vain for the crown to war. In February, 1624, the 
General Assembly of the colony convened, and, after 
adopting certain rules and regulations which were sub- 
mitted by the Governor and Cotincil, they declared 
" that the Governor should not impose any tax upon the 
colony unless through the authority of the General As- 
sembly : nor withdraw the inhabitants of the colony 
from their labour to employ them in his own service." 
They also passed a law at this session, exempting the 
Buro-esses from arrest durins^ the convention of the As- 
sembly. James had, by a special commission, appointed 
a Council of twelve persons to take direction of affairs in 
the colony until such time as he could find leisure to 
frame an appropriate and permanent code for their gov- 
ernment. These commissioners attempted to procure 
from the Assembly an address to the king, acknow- 
ledging their acquiescence in his revocation of the pa- 
tent of the company in England. But they refused to 
do anything more than to express their satisfaction that 
his majesty had taken the concerns of the colony under 
his own care ; while they entreated that their sovereign 
would graciously continue to them their then form of 
government, and would also permit their Governor and 
Assembly to direct the operations of such military 
forces as might be placed among them. We will not 
stop to speculate upon the probable consequences which 
might have resulted to the colonists from the ordi- 
nances which James' wisdom and sagacity might have 
seen fit to devise. Death, that haughty leveller of all 
human projects and aspirations, withdrew him from the 
scene of life. Yet it were neither idle nor unprofitable 
speculation, to note the changes which were consequent 
upon the interruption of his plans. It is one- of those 
startling incidents, so abundant in our country's annals, 



OF THE UNITED STATES. 53 

which teach that there is an Omniscient mind survey- 
ing and directing the destinies of the world, and regu- 
lating the allotments of mankind, and which serve to at- 
tach us to our institutions by tiie enforced conviction 
that they were in their origin, have been in their pro- 
gress, and will be in their continuance, the objects of 
His especial protection. 

. The first Charles was not unlike his predecessor in 
his ideas of sovereignty, though of a more weak and 
wavering disposition. James had educated, him to en- 
tertain high notions of the kingly prerogatives, and 
" though he was virtuous in his domestic and private 
life, in relation to his kingdom, he disregarded justice 
and the rights of the people, as much as if he had been 
wicked and tyrannical."* He adopted the maxims of 
his father, not only in relation to his home administra- 
tion, but also with reference to the colonies in America. 
He declared that they were a part of the Empire an- 
nexed to his crown, and subject to his sovereign con- 
trol.* The Council appointed by James, with Sir George 
Yeardley as Governor, and a Secretary, were appointed 
to superintend the affairs of the colony, conforming 
their administration to whatever instructions they 
should from time to time receive from the crown. 
They were also directed to take the property of the 
late company and apply it to the public use. It was 
not a part of the provisions directed by Charles, nor 
was it his intention to continue the assemblies of the 
people, or to allow them any participation in enacting 
their laws, or in imposing taxes. These powers were 
vested exclusively in the Governor and Council. It 
was further directed that offenders should be trans- 
ported to England to be tried and punished for crimes 

* Bisset. 

5* 



54 GOVERNMENTAL HISTORY 

charged against them, or committed, in the colony : The 
oppressive nature of these provisions was not felt during 
the mild and liberal administration of Governor 
Yeardly. He was succeeded in 1629 by Sir John 
Harvey, a man of a rapacious and tyrannical spirit, in- 
solent and overbearing in his deportment. He invaded 
their right of property, embarrassed their trade, and 
inflicted upon them the most oppressive indignities. 
For a v/hile, out of respect to his commission, they sub- 
mitted to his rule, but in tlie year 1636, their loyalty 
being taxed beyond the limit of endurance, in a trans- 
port of rage, they seized and sent him a prisoner to 
England. So summary a method of redressing their 
wrongs, was revolting to Charles' ideas of the submis- 
sion and homage which Avere due from his subjects. 
He regarded it as a daring act of rebellion, and the 
Governor was sent back with powers less limited and 
enlarged prerogatives. 



CHAPTER XI. 

The domestic troubles which threatened Charles T. 
soon after his accession to the throne, left him but little 
leisure to interest himself in the administration of afl'airs 
in the colonies. At the same time he was apprehen- 
sive lest the grievances of which they complained 
reaching the ear of the nation, might increase the dis- 
content and hostility which his home-administration 
had already excited. He accordingly countenanced a 
more lenient policy by way of conciliating them. In 
this change of measures, Sir William Berkley, a man 



OP THE UNITED STATES. 55 

of superior worth and endowments, of mild and en- 
gaging manners, was appointed their Governor. He 
was directed to proclaim, that in all its concerns, civil 
and ecclesiastical, the colony should be governed ac- 
cording to the laws of England. He was also further 
directed to issue writs for the election of representa- 
tives of the people, who, with the Governor and Coun- 
cil, should form a General Assembly, clothed with 
supreme legislative power — and to erect and establish 
courts of justice which should regulate their proceed- 
ings according to the forms used in England. Thus 
were their former rights again restored to them. With- 
out pausing to solve more particularly the motives 
which may have influenced him, with regard to which 
historians have speculated so much, it is but justice to 
say that they were indebted to Charles I. for that re- 
formation in the whole constitution and policy of their 
government, which gave so agreeable a character to 
their institutions, and infused new life and healthful 
vigor into its administration. It won for that unfortu- 
nate monarch, more weak than wicked, the grateful 
affections of the colonists, and rendered them ever 
thereafter his firm supporters. 

Under these beneficent auspices, both of government 
and administration, the SoiUhern Colony of Virginia, 
advanced in the blessings of peace and prosperity down 
to the year 1650. Its tranquillity was then disturbed 
by an ordinance passed in the House of Commons, un- 
der the ComxUion wealth administration of Cromwell. 
It was therein declared " that the Colonies of America 
were, and ought to be, subordinate to, and dependent 
on, the Commonwealth of England, and subject to 
such laws and regulations as were or sliould be made 
by Parliament — that in Virginia and other places the 



66 GOVERNMENTAL HISTORY 

powers of government had been usurped by persons 
who had set themselves up in opposition to the Com- 
monweakh ; who were therefore denounced as rebels 
and traitors, and all foreign vessels Avere tliereby for- 
bidden to enter any of the ports of America." A fleet 
was accordingly sent over to enforce submission to the 
ruling administration in England. The colonists, 
headed by Governor Berkley, opposed them as they 
were entering the Chesapeake, but were eventually 
obliged to give way, and a general amnesty was ar- 
ranged. At this time a new Governor was appointed 
in the place of Sir William Berkley, who retired into 
private life universally respected and beloved.* The 
new Governor died suddenly daring the following 
year, upon which event the people disavowed their 
allegiance to the Commonwealth, and Mr. Berkley 
was called upon to resume the reigns of government. 
Before he assented to their wishes he required the colo- 
nists to swear allegiance to the crown, and to pledge 
their lives and property in support of the dethroned 
monarch of the mother country. Charles II. was there- 
upon proclaimed the true and lawful sovereign of the 
British empire, and Sir William Berkley the Governor 
of his colony of Virginia. These proceedings took 
place before the death of Cromwell was known in 
America, and were long after a matter of proud self- 
gratulation in Virginia. They caused the gratified 
monarch to regard the then existing administration of 
affairs in the colony, with favour and indulgence after 
the restoration.* The restrictions to which they were 
afterwards made subject were but few, and were not 
regarded Avith particular hostility, being principally of 
a nature to secure their relations and allegiance to the 

* Marshall. Winterbotham. 



OF THE UNITED STATES. 57 

mother country. In the mean while the population 
of the colony had increased with a singular rapidity, 
and at the time of the restoration it numbered more 
than thirty thousand inhabitants. Industry and fru- 
gality were successful in all the occupations of life, 
while their commercial resources and relations were so 
defined as to encourage trade, promote naval enterprise, 
to give security and the prospect of an improving reve- 
nue to the mercantile interests, and to encourage the 
mechanic arts. The provisions of their government, 
which, with those we have already noticed, gave to 
it its characteristic qualities, had reference to her re- 
ligious establishment. These were always regarded 
as an important part of her code in the colony of Yir- 
ginia. The Church of England with its forms, its 
fasts, and its festival observances, was the established 
religion of the colony, and its doctrines and discipline 
were enforced by statutory provisions. Marriages were 
celebrated in the parish church, and according to the 
ceremonial prescribed in the Book of Common Prayer. 
Non-conformists* were rbliged to quit the colony. 
The clergy were provided for by glebes and tithes. 
Non-residence was prohibited, and a personal, strict, 
and regular performance of parochial duties was re- 
quired of them. The laws which regulated the descent 
and distribution of estates were conformable with the 
same in England. The peaceful and prosperous ad- 
ministration of Sir William Berkley lasted for nearly 
thirty years. 

Here we terminate this part of the history of the 
Southern Colony of Virginia, and of the general gov- 

t Non-conformists were those who, among other things, more parti- 
cularly refused to use the sign of the cross in baptism, to kneel at the 
Lord's Supper, and to wear the robes usually worn by the papists, &c. 



58 GOVERNMENTAL HISTORY 

ernmental regulations under which it was permanently 
establistied. We do not find in them as wide a depar- 
ture from the laws and constitution of the mother 
country, as we shall discover in those of the northern 
colony or New England. The aim in the former was 
to imitate, in its legislative administration and in its 
jurisprudence, in its civil and its ecclesiastical polity, 
as near as might be, the laws and administration of 
England. Soon after the restoration of the second 
Charles to the throne we find its assembly stating, with 
apparent pride, that it had been their care "in all 
things as near as the capacity and constitution of this 
country (Virginia) would admit, to adhere to those ex- 
cellent and often refined laws of England, to which we 
profess and acknowledge all due obedience and rever- 
ence." And Sir William Berkley in reply to the Lords 
Commissioners in 1671 says, — " contrary to the laws 
of England we never did. nor dare, make any (law) 
only this, that no sale of land is good and legal unless 
within three months after the conversance, it be record- 
ed." We can discover thus far no causes which would 
probably have led to a separation from the parent state, 
had the southern Colony of Yirginia never been affected 
by the spirit which planted and reared the northern 
colonies, or New England.* The causes which brought 
about the settlement of the latter, were not felt or un- 
derstood by, were indeed unknown to, the policy which 
dictated the planting of the former. Their motives, 
their aims, their objects, were widely divergent, and the 
difference between the two sections is found to run 

* " Within a few years of their plantation tlie Colonists of New England 
manifested the same spirit, and vindicated the same rights, which a cen- 
tury and a half afterwards produced a refusal of British taxation, and 
independence on the British Crown." Bissel^s Etighaul, Vol. I. 



OF THE UNITED STATES. 59 

through all their early history, governmentalj political, 
literary and religious. Without subserving the interest 
of any particular creed, or promoting any sectarian spirit, 
it illustrates the fact and establishes the conviction that 
the pure and free spirit of the christian religion, if not 
the cause of our origin, was at least the foundation of 
our liberties, our prosperity, our independence as a na- 
tion. To its subversion, if ever that period should 
arrive, some future Gibbon may ascribe the Decline 

AND FALL OF THE REPUBLIC OF THE UnITED 

States of America. 



PART II. 



HISTORY OF THE NORTHERN COLONY OF VIRGINIA OR 
NEW ENGLAND. 



CHAPTER I. 

In the first part of this work we have traced the his- 
tory of the Southern Colony of Virginia tiU its estab- 
lishment under a regular and permanent system of 
government. We now come to that of the Northern 
Colony of Virginia, more familiarly known as The 
Colony of Plymouth. It was so denominated because 
the proprietors of the Company empowered to settle 
this division of the continent, had their residence at 
Plymouth. This Company did not receive a patronage 
by any means equal to that of the other. It experi- 
enced great disadvantages not only from its own loca- 
tion, but the shores on which its settlements were to be 
made were cold, bleak, cheerless and inhospitable. 
Few men of rank, of opulence or of enterprize, became 
interested in its transactions, and although it was gifted 
with equal privileges with the. Company resident in 
London, it fell far behind the latter in the energy and 
efllciency of its efforts to accomplish the objects sought 
to be promoted by its incorporation. The first expedi- 
tion under its auspices was fitted out in the year 1C06, 



GOVERNMENTAL HISTORY, ETC. 61 

but the vessels employed for the occasion were captured 
by the Spaniards, who then claimed the right to ex- 
elude all other nations from sailing in, or navigating, 
the American waters. Two more vessels with one 
hundred and forty planters on board, were dispatched 
under the direction of Admiral Raleigh Gilbert, in the 
month of May 1607, who formed an inconsiderable 
settlement on the river Sagadahok ; but, becoming 
alarmed at the severity of the climate, the majority of 
them returned to England in the month of December 
following, leaving about forty five men with Captain 
George Popham as their president, in the colony. The 
death of their principal patron,* in England; the in- 
clemency of the climate, and the ravages of disease, 
soon desolated whatever hopes this settlement might 
liave inspired. The unfavourable reports which they 
gave of the country, prevented an)^ further emigration 
to North Virginia, and no further plans were projected 
by the Company, other than to open a fishing and fur 
trade with the natives. One of these trading vessels, 
which sailed in 1616, was commanded by Captain 
Smith, a name proudly conspicuous in the early his- 
tory of the South Virginia Company. His inquisitive 
mind was not contented with carrying on a trade to the 
country, without any further knowledge of its capabili- 
ties and resources than such as might be gathered from 
the natives. He landed, and spent some considerable 
time in exploring its territory. He drew a chart of the 
coast from Penobscot to Cape Cod, made practical ob- 
servations of its bays and harbours, its soil and produc- 
tions, and such were his representations of the country 
on his return to England that the then Prince of Wales, 
afterwards the I. Charles, was so fascinated with his 

* Chief Justice rupham. 



62 GOVERNMENTAL HISTORY 

descriptions, he bestowed upon it the name of New 
England. From this period the Southern Colony 
was called Virginia, and the northern New England. 

The interest elicited by the accounts given of the 
country by Captain Smith had no other effect than to 
induce private adventurers to prosecute the trade with 
the natives. None were induced to emigrate, nor was 
the prospect of gain sufficiently encouraging to lure the 
company to attempt any settlement. Men could not be 
induced to abandon their homes, ease, comfort, or kix- 
ury, for the sake of an uncertain, or at least a distant 
advantage either to themselves or to their country. 
The shores v.^ere too wild, the climate was too harsh, 
and the end too precarious, to inspire or to encourage 
a spirit of enterprise or adventure. Happily, however, 
for the interests of mankind, there was a spirit Avhich 
could face all these difficulties, and endure all these 
sacrifices and privations — which could brave every 
danger and welcome any disaster, with the prospect, 
however distant or contingent, of accomplishing its pur- 
poses — a spirit which, under whatever trials, or at what- 
ever sacrifices, under whatever circumstances, or in 
whatever clime, could still live and glow in the bosom 
of its possessor — a spirit whose exalted purposes were 
in part accomplished the very moment it alighted on 
this " wild and rock-bound coast." It was a spirit 
which sought — " freedom to worship God." 

The warfare against the Church of Rome commenced 
by Luther, led many of the countries of Europe to se- 
parate themselves from her communion and abjure her 
authority. In some instances this rupture was sudden 
and violent, leaving no traces of the ancient supersti- 
tion, but adopting an entirely new form of worship, of 
doctrines, and of discipline. Such was the case with 



OF THE UNITED STATES. 63 

the institutes provided by Calvin, and adopted by many 
of the estates of Germany. The simplicity of these, 
but more particularly their hostility to the papal doc- 
trines and ordinances, were so much admired by the 
more zealous of the Reformers, that tliey were adopted 
in Scotland, in the United Provinces, the Dominions 
of the House of Brandenburgh, in those of the Elec- 
tor Palatine, and by the Hueguenots of France. In 
England a different policy seems to have been pursued, 
and the progress of the principles of the Reformation 
was more cautious and deliberate. She abolished at 
first only those doctrines and institutions of Rome which 
were more prominently repugnant to the principles of 
freedom, or savoured too much of superstition, or of 
human invention. The changes in her ecclesiastical 
polity were likewise either retarded or accelerated ac- 
cording as it suited the various tempers, sentiments, 
and even the caprices and passions of her successive 
sovereigns. The butcherous and bloody persecutions 
which followed the succession of Mary to the throne in 
1554, compelled many distinguished advocates of pro- 
testantism to seek refuge on the continent of Europe. 
They were received with sympathy and found a more 
congenial home in various cities of the United Pro- 
vinces. A large number of them collected at Geneva, 
where they associated together under the institutes of 
Calvin. On the accession of Elizabeth, in 1558, and 
the consequent ascendancy of Protestantism, they re- 
turned again to England, with deep rooted hostility to 
the Church which had persecuted them, ardently at- 
tached to their own institutions, but with strong incli- 
nations in favor of a republican form of government. 
Their efforts, however, at a participation in the revision 
of the forms and observances of religion, and more par- 



64 GOVERNIMENTAL HISTORY 

ticularly of what was called the liturgy, were unsuc- 
cessful. They fcand Elizabeth not quite so liberal and 
yielding to their views as her proclamations and pro- 
mises had led them to expect. Proud in the conscious- 
ness of her superior learning and abilities, as well as 
her accomplishments in the school of theology, she con- 
sidered herself capable alone to undertake the task of 
expurgation. Guided more by policy than by princi- 
ple, she sought to conciliate the followers of Rome, by 
retaining something of the pomp and parade of exter- 
nal worship, rather than to provoke their hostility by 
any wide departure from the canons of the papal hier- 
archy. But instead of conciliating them she found it 
afterwards necessary to recommend and adopt rigorous 
laws to secure her person and her crown against their 
treasonable designs, while she had already alienated 
the confidence of the reformers. Her fear of the former, 
and her dislike of the political sentiments of the latter, 
infused a spirit of vindictive bitterness into her ad- 
ministration, which at length ripened into extreme in- 
tolerance. At her suggestion an act was passed by 
Parliament, requiring an absolute conformity to the 
system which she had devised and which was estab- 
lished as the Church of England ; its ceremonials and 
forms being subject to the revision of the Queen. In 
the exercise of this discretion she issued a proclamation 
prohibiting all preaching, and confining the services of 
the Church to the reading of the Gospels and Com- 
mandments, without comment or exposition, together 
with the Litany and the Apostles' Creed. These ordi- 
nances were opposed by the advocates for a further re- 
form, and the consequence was that many of the most 
distinguished and popular of the clergy were deprived 
of their benefices, fined and imprisoned. A court was 



OF THE UNITED STATES. 65 

erected called the "High Commission for Ecclesias- 
tical Affairs," whose trials were summary, whose de- 
cisions were arbitrary, and whose inflictions were al- 
most as odious and cruel as the penalties of the Inqui- 
sition. Confiscation, deposition, banishment, imprison- 
ment and death, were among its penalties. These it is 
true were in some cases inflicted on the plea that the 
zealous hostility of the Reformers to the religious estab- 
lishment, amounted to treason against the crown ; and 
at that day there might have been a show of plausibility 
in the apology, for so intimately blended were the civil 
and ecclesiastical aflairs of the kingdom, that a reform 
could not be sought in the one without essentially oppos- 
ing, and perhaps undermining, the existing administra- 
tion of the other. But having reviewed it sufficiently 
for our present purposes, we will here leave the general 
subject, and turn our attention to that small and devoted 
band, of more humble and less erring piety, who chose 
rather to seek an asylum where they might follow the 
dictates of their own consciences, without fear of pro- 
voking the inflictions of intolerance, or offending against 
the civil administration. 



CHAPTER II. 

Even among the reformers a variety of opinions had 
obtained with regard to the doctrines and the discipline 
of religion; and rival sects had long contended with 
each other respecting them. Some of tliese, were re- 
duced to a system by one Robert Brown, then a popu- 
lar preacher, under which he collected a large number 



66 GOVERNMENTAL HISTORY 

of followers. He taught — that the established church 
was corrupt, antichrist — that its ministers were unlaw- 
fully ordained — that its discipline, its ordinances, and 
its sacraments were ahke unscriptural and invalid, and 
prohibited all commimion with it. He held that the 
scriptures taught that any association of Christians, 
meeting to worship God, and united for that purpose, 
constituted in and of themselves a church, having ex- 
clusive control over all its affairs, independent on any 
other sect or society, and amenable only to the great 
head of the church, Christ — that the priesthood was 
not a distinct order in the church — that the office 
itself did not confer any superior sanctity of character — 
that any man qualified to teach, might be chosen by his 
brethren for that purpose, and set apart to those func- 
tions, by the laying on of their hands — that for cause 
shown he might also be by them deposed or discharged 
from that station. He further insisted on a public pro- 
fession of faith ; and that the general affairs of the 
church should be regulated by a majority of its mem- 
bers. It needs scarce a moments reflection to under- 
stand how a system so democratic in its principles, and 
admitting such a liberty of discipline, was calculated 
to excite all the odium of the civil as well as ecclesias- 
tical jurisdiction of England — doctrines so heretical 
and so damning, so wholly subversive of all the re- 
ceived and cherished maxims of government, could not 
be tolerated ; accordingly full and heavy were the vials 
of wrath poured out upon their advocates. To render 
their situation still more embarrassing their leader, 
Brown, was induced to abandon them, and to conform 
to the established church. 

Thus abandened by their leader, the rage of persecu- 
tion increasing, they were compelled to flee from their 



OF THE UNITED STATES. 67 

native country in order, as they express it " to enjoy 
purity of worship and liberty of conscience." They 
souo-ht refuge in Holland, and went to Amsterdam, 
where they remained one year, when they removed to 
Leyden and settled under the pastoral care of the Rev. 
John Robinson. Here the learning, piety, moderation, 
and accomiplishments of their pastor, and their own ex- 
emplary living, secured to them for a while a pros- 
perous tranquillity. They gained the confidence and 
good will of their neighbours, and but for fear of offend- 
ing England, they would have received marked de- 
monstrations of the public favor. "" But not finding 
their situation altogether pleasing to them, they began 
to grow discontented, when the settlements which were 
making in South Virginia, drew their attention to the 
newly discovered country. This seemed to them the 
field best adapted for their purposes. Here they could 
plant their church, and propagate their doctrines, both 
of faith and discipline, beyond the reach of ecclesiasti- 
cal tyranny. Here too an opportunity was offered to 
evince to an astonished world " what manner of 
spirit they were of" They were not to be deterred by 
dangers or daunted by difficulties. They were not 
men whom trifles could discourage or disasters and 
hardships overcome. Nor were they of that sickly- 
sen timentalism which would forego the accomplish- 
ment of exalted purposes, rather than break away from 
the ties and endearments of home, of kindred, and of 
country, for they " were well weaned from the delicate 
milk of the mother country, and inured to the difficulties 
of a strange land." To those who hesitated they said, 
"the difficulties are not invincible, and may be over- 
come by fortitude and patience. The ends proposed 

* Wintcrbotham. 



68 GOVERNMENTAL HISTORY 

are good and honourable, the calling lawful and urgent, 
the blessing of God may therefore be expected. We 
live but as exiles now, and are in a poor condition. 
The truce with the Spaniards is hastening to a close. 
Nothing but preparations for war are going forward. 
The Spaniards may be as cruel as the savages, and 
famine and pestilence may be as sore in Holland as in 
America." 

In 1618, they made an application to the Virginia 
Company for a grant of land within the limits of its 
patent, to be accompanied with a license under the seal 
of the Crown, giving them permission " to practice and 
profess religion in the mode which, by the dictate of 
their own consciences, they had adopted." James, the 
then reigning monarch, refused to give them any such 
assurances of toleration, although he did not otherwise 
discourage the contemplated adventiu'e. His refusal, 
however, to accede to their wishes in this respect, discour- 
ao-ed them from undertakins^ it. At leno-th. fiiidins^ the 
causes of discontent with their residence in Holland 1o 
increase, they consented to accept a grant without re- 
quiring this provision ; and on the seventh of Septem- 
ber 1620 they set sail, about one hundred and one in 
number, for Hudson's River. By some design on the 
part of the captain of their vessel, supposed to have 
been instigated by the Dutch who were about to send 
there a colony of their own, or by the Company in 
England, contrary to their wishes and intentions, they 
were conveyed far to the north near Cape Cod. Here 
they found themselves beyond the limits of the Com- 
pany's jurisdiction from whom their title was olUained, 
but the season had now so far advanced it was thought 
inadvisable again to put to sea. Having appointed 
John Carver, one of their number. Governor for one 



OF THE UNITED STATES. 69 

year, they set about exploring the coast in order to 
select a spot more favourable to a settlement. On the 
tenth of November they floated into a commodious 
Bay, where they afterwards landed* and planted their 
settlement, and called it Plymouth^ that being the 
name of the port from which they sailed in England, 
having touched there on their voyage from Holland. 

From the proud eminence on which we now stand 
there is not, in the whole range of historical observa- 
tion, a more sublime or interesting spectacle than is 
presented in the character, the condition, and the pur- 
poses, of that small band of exiled emigrants to these 
shores. The records of human enterprise, or of human 
adventure, present no parellel like this. The wildest 
vagiaries of fiction cannot equal it — One hundred and 
one persons, in one frail vessel, embarking for an un- 
explored country, four thousand miles distant from all 
civilized society. Home, kindred, country, abandoned, 
the hardships of an unknown sea encountered, life itself 
periled — and for what ? The shores on which they 
have landed are bleak with the chill winds of a rigi- 
rous winter — Their numbers are but small, and they 
are surrounded by numerous savage and hostile tribes 
— they are but poorly supplied with the necessaries for 
subsistence, and they tread an uncultivated and a frozen 
soil — the bark which brought them hither still floats 
by the shore, and the home they have left is stUl open 
to their return — and why do they remain ? Is it gold? 
is it fome? is it conquest? is it plunder? is it any 
or all of these that they seek ? — Let themselves and 

* Historians differ so as to the day on which they landed that I have 
not named it in the text. Some say it was on the 17th Nov., others on 
the 22d Dec., and others on the 31st Dec. It is generally supposed to 
have been on the 22d, Dec. 



70 GOVERNMENTAL HISTORY 

the sequel of our history answer. Before they landed 
they drew up the following instrument — 

"In the name of God, Amen — We whose names are under- 
written, the loyal subjects of our dread Sovereign^ Kinjr James ^ by tho 
grace of God, of Great Britain, France and Ireland, defender of the 
Faith ; having undertaken for the honour of our King and Country a 
voyage to plant the first Colony in the northern parts of Virginia, do by 
these presents, solemnly and mutually, in the pfesence of God and one 
another, covenant and combine ourselves together a civil body politic 
for our better ordering, preservation, and furtherance of the ends afore- 
said; and by virtue hereof do enact, constitute, and frame such just 
and equal laws, ordinances, acts, institutions, and offices, from time to 
time, as shall be thought most meet and convenient, for the good of the 
Colony ; unto which we promise all due reverence and submission, 
WitnesSj (fee. November 11th, 1620. 

This compact was signed by about forty one individ 
uals, for themselves and families. As no provision had 
been made in their patent^ which contemplated a land- 
ing so far to the north, they were much perplexed as to 
the measures which they should adopt for their govern- 
ment. This circumstance, seemingly so trivial and 
untoward, had an important bearing upon their inter- 
ests, and the objects of their exile. Having landed 
where no authority of the Crov/n had prescribed any 
special regulations, they felt themselves at liberty to 
adopt a plan of their own to govern tlieir infant com- 
munity ; and on this desolate and dreary spot, by 
this small band of neglected, despised, persecuted and 
betrayed exiles, was laid the foundation "not of one 
institution, but of all the institutions, the settlements, 
the establishments, the communities, the societies, the 
improvements, compreliended within the broad and 
happy borders of New England."* They stiled them- 
selves the Colon?/ of Neio Plymouth^ and erected a 
form of government vesting the administration in a 

* Edward Everett. 



OF THE UNITED STATES. 71 

Governor and one assistant, to be elected annually by 
the colonists. They occasionally held a general as- 
sembly to deliberate on all matters of public interest, 
when every freeman, belono^ing to the church, was per- 
mitted to vote. The Common Law of England was 
their general guide, but most of their juridical system, 
and their municipal regulations, were borrowed from 
the institutes of Moses ; and they adopted a community 
of goods, in imitation of the early christians. 

It is a noble sentiment to be cherished by the citizen 
of an enlightened christian nation, one which enkindles 
the ardour, and inspires anew the devotion of the pa- 
triot ; that Heaven smiled on the foundation of his 
country's liberties, and that its care has protected and 
still fosters her institutions. There is no other nation 
whose history presents so many, and such irrefragable in- 
dications of an over-ruling Providence as our own. The 
interventions of a superhuman agency are manifest even 
at the very cradle of her existence, and we cannot re- 
gard them with silence or indifference. As we have 
already remarked the number of this band of adven- 
turers, this germ of a future nation, was small ; consist- 
ing now of about one hundred and one persons, male 
and female ; old and young. Before the spring arrived 
nearly half their number perished, either through ex- 
posure to the inclement clime, by famine, or by disease. 
The survivors, afflicted and enfeebled, hardly able to 
provide for their own sustenance, were in danger of 
extermination from the hostile dispositions of the na- 
tives. — We close for one moment the volume of history 
and ask, what shall be their fate ? Where in the wide 
range of human probabilities can they look for succor or 
assistance ? Diminished in numbei', wasted by famine, 
debilitated by disease, without the ordinary means for 



72 GOVERNMENTAL HISTORY 

defence — how shall we calculate the chances for their 
preservation ? — they may indeed stretch their aching 
eyes over the wide expanse of waters which rolled be- 
tween them and the home of their kindred, hope they 
were not forgotten, and listen for a response as they 
breathed the Macedonian cry " come over and help us." 
But it was vain, all such expectations were delusive. 
The opulent, the honorable, the powerful, and the 
mighty, cared not for them, nor enquired as to their 
fate. How then shall they be preserved ? — We open 
again the volume of history and read — "a pestilence 
appeared among the Indians whose fearful ravages 
swept off entire tribes in a very few weeks, and those 
which remained were easily brought to terms of amit}?" 
and conciliation." Still it required all the consolations 
which c! ristianity could furnish to sustain them amid 
the trials which they were called to encounter — and 
these were sufficient. The undisturbed enjoyment of 
their religion, and their uuAvavering confidence in tlie 
future, enabled them to bear all difficulties with an 
unparalleled firmness. They persevered with a calm 
resignation, and with unconquerable and unfailing vir- 
tue showed themselves equal to the trust committed to 
them. Others migln smile at their folly and compas- 
sionate their w^eakness, but to the eye of their faith it 
was revealed as with the light of a sun-beam that they 
were planting the home of civil and religious liberty. 
Thus living and believing they pmspered, and soon 
reduced this inhospitable country so that it yielded 
them a shelter, and in time a comfortable subsistence. 
At the close of the year 1624 their plantation contained 
one hundred and eighty persons, thirty-two dwellinc^- 
houses, and a fort composed of wood, lime and stone, with 
a tower upon it, which was erected on a mnnnd in th'> 



OP THE UNITED STATES. 73 

centre of the town. In 1625 Mr. Robinson died at 
Leyden, and in 1629 the remainder of his flock joined 
their brethren in America. Having- as yet received no 
title to the settlement they occupied, in the year 1630 
they made application to the Plymouth Company, and 
obtained a grant from them, but without any charter of 
incorporation from the crown. Quiet and unmolested, 
more peaceful and tolerant than the settlements which 
grew up around them, they remained under the constitu- 
tion of government which they had at first adopted — a 
voluntary association governed by laws and magistrates 
of their own choosing — until the year 1634, when they 
were incorporated with the colony of Massachusetts 
Bay. The history of this colony now claims our at- 
tention. 



CHAPTER III. 

We have seen that the Colony of Plymouth was 
not settled under the auspices of the Company at Ply- 
mouth, although it was planted on the territory within 
the limits of its jurisdiction — that Company had indeed 
made no very laudable or successful efforts to improve 
the condition of the country. In the month of Novem- 
ber in the year 1620 James T. issued a new patent to 
the then Duke of Lenox, the Marquis of Buckingham, 
and others, confinnhig to them a still more liberal grant 
of territory, powers and privileges than were conveyed 
to the former patentees ; and with provisions similar to 
those contained in the charter to the South Virginia 
Company. This new Company was styled The 

7 



74 GOVERNMENTAL HISTORY 

GpcAnd Council of Plymouth for planting 
AND Governing New England. The motive al- 
ledged as having prompted James to make this grant to 
persons whose wealth, rank, and influence, seemed to 
promise a more speedy accomplishment of the objects 
contemplated in establishing the former Company, was 
a desire to prevent its occupation by men professing 
the sentiments and bearing the name of the Puritans. 

Though it is not exactly within the scope of our de- 
sign in this work to trace the history of the Puritans, 
we think a few observations respecting them may here 
with propriety be made. The names Puritan and 
Brownist are indiscriminately used by liistorians. Al- 
though there was a similarity in some of the essential 
features of their plan of church order which would 
seem to justify the error, yet it is well known that the 
former, with a large proportion of the non-conformists, 
repealed many of the laws and ordinances of Brown. 
It must be borne in mind too that the name Puritan did 
not originate in England till after the PI ^^mouth settlers 
removed to Leyden. The progress of the reformation 
in England gave rise to two parties of protestants, both 
alike hostile to the papal authority, but differing widely 
as to the mode and the distance of their separation from 
her doctrines and her discipline. The one were the 
ibllowers of Luther, the other of Calvin. The one be- 
came embodied in the Church of England, the other 
composed the great body of dissenters who, variously 
and in diHercnt degrees, repudiated the order of minis- 
try, ceremonials, institutes, or canons of Rome. Among 
the latter there were who held that the ceremo- 
nies and observances of the Church of England were 
also papal and unlawful — that the authority of her pre- 
lates was contrary to the freedom of tlie gospel — and 



OF THE UNITED STATES. 75 

that her offices, courts, and canons, were alike unwar- 
ranted by the word of God. They regarded all these as 
human impositions, corruptions or inventions which had 
crept into the church subsequent to the days of the 
Apostles, ^nd refused to conform to them. Hence they 
were called non-conformists. From the zealous and 
intrepid perseverance with which some of them op- 
posed these various innovations and contended for their 
total abolition and the restoration of " scripture purity," 
they v/ere called Puritans, 

Before James ascended the throne he had regarded 
the cause of the non-conformists with peculiar care. He 
had subscribed the Scotch national covenant, haxi inter- 
ceded for the persfxiuted clergy, and had even denoun- 
ced the services of the Church of England as ^^ an evii 
said mass in English.'' He no sooner succeeded to the 
crown, however, than he became a violent persecutor. 
With a show of justifying his own conduct, under pre- 
tence of combating the religious as well as the political 
errors of the Puritans, he consented to hold disputations 
with them at Hampton Court. Finding that these dis- 
cussions served only to magnify their importance, and 
to increase their nambers, he resorted to persecution, 
and the whole power of his crown was exerted to de- 
stroy tliem. The prosperous condition of the small 
colony already planted at Pl^rmouth, in America, now 
attracted the attention of the Puritans in E norland. 
They saw them removed far beyond the reach of the spi- 
ritual arm, and they determined to, seek an asylum on 
the same shores, where they too might enjoy their re- 
ligious faith in freedom and full security. But James 
foresaw or apprehended the consequences should they 
be permitted to plant themselves independently in 
America; and^ as we have seen, incorporated a new 



76 GOVERNMENTAL HISTORY 

Company, under whose superintendence and control it 
was intended to bring the settlers of New England. 
But al though so liberally endowed with powers and 
privileges, all its attempts at colonization were unsuc- 
cessful. Tlie patent conferred a monopoly of trade 
within its boundaries, and of fisheries in the adjacent 
seas. These provisions were complained of by the 
people, were censured in Parliament, and relinquished 
by the patentees^ who in consequence ultimately aban- 
doned the project of settling the country. '' Thus New 
England must forever have remained unoccupied, if the 
same causes which occasioned the emigration of the 
Puritans, (Brownists, or Plymouth settlers) had not con- 
tinued to operate."* It was perhaps a like conviction 
which induced the crown to acquiesce in the grant of a 
charter to the Puritans. For although they had made 
repeated applications, it was not till after this second 
Company, which had been instituted for the express pur- 
pose, had relinquished all idea of a further attempt at a 
settlement of the country, that their application was at 
all respected. 

Through the instrumentality and influence of a Mr. 
White, a non-conformist minister, an association was 
formed, of men professing' the sentiments of the Puri- 
tans, who obtained from the Council' at Plymouth a 
grant of the territory "extending from three miles 
north of the river Merrimac to three miles south of 
Charles river, and from the Atlantic to the South Sea,'' 
or indefinitely into i^e interior. This patent was exe- 
cuted on the 19th of March, 1627, to Sir Henry Rose- 
ville and others. They fitted out an expedition under 
Captain John Endicott, who with others planted a set- 
tlement at Salem, in the month of September following. 

* Robertson. 



OF THE UNITED STATES. 77 

The rapid progress of puritanical sentiments in En- 
gland, increased the hostility of the established Church, 
which also increased the number of those who were 
anxious to escape from its persecutions. As most of 
them were without the resources necessary to carry on 
their operations, individuals of rank and opulence, who 
although not advocating them openly, were yet favora- 
ble to the sentiments of the Puritans, were applied to to 
become interested in these enterprises. They, how- 
ever, were unwilling to rely upon a title derived from 
a Company whose power to transfer political privileges 
they at least questioned. They therefore proposed that 
the proprietors of the patent obtained from the Council 
at Plymouth, should apply directly to the crown for a 
grant which should include them by name, and invest 
the supreme authority in persons resident in London. 
They accordingly obtained a patent from Charles I. the 
successor of James L, which contained the required pre- 
visions, and under which they were incorporated as 
The Governor and Company of Massachusetts 
Bay in New England. They were invested with 
pov/er to sell lands and to govern the settlers upon 
them. It was provided that the affairs of the Company 
should be administered by a Governor, a Deputy- Gov- 
ernor, and eighteen Assistants, who were in the first in- 
stance to be appointed by the Crown, and afterwards to 
be elected by the proprietors of the Company. The ex- 
ecutive powers over the colony resided in the Governor 
and Assistants, the legislative in the body of the proprie- 
tors, on v/hose enactments there was no other restric- 
tion imposed than that they should be " agreeable with 
the ?laws of England." Lands were to be holden by 
the most free and liberal -conditions of tenure, "in free 
and common soccage, and not i?i capite or by knight's- 

7* 



7S GOVERNMENTAL HISTORY 

service," yielding to the Crown one-fifth part of all ore 
of gold and silver. The Governor or the Deputy-Gov- 
rrnor with seven Assistants, were constituted a Court or 
quormn for the tra'nsaction of ordinary business, to be 
lield once a month. The proprietors of the Company 
constituted a General Court which was to meet four 
times a year for the purposes of admitting freemen to 
the freedom of the Company, electing officers, and en- 
acting laws and ordinances for the Colony. The Gov- 
ernor, Deputy-Governor, and Assistants, were chosen 
at one of these meetings of the General Court which 
was held in the Spring of the year. Duties on imports 
and exports were temporarily withholden, or to be ap- 
plied to the exclusive benefit of the Colony, as in the 
South Virginia Colony ; and the Colonists were to re- 
tain all the rights, privileges and immunities of native- 
born subjects of England. Some of our own historians 
are of opinion that indulgence in religious opinions was 
expressly granted by this charter ; but Dr. Robertson, 
an historian of candor and credibility, who claims to 
have examined the instrument, insists that it contained 
no such provision, and that no promises were made of 
any relaxation of the statutes of non-conformity. The 
character of Charles and his court supports this author- 
ity. But whatever may have been the express or im- 
plied provisions of their Charter in this respect, the 
Company were not deterred from prosecuting the ob- 
jects which they had in view. The first expedition 
luidcr their direction was fitted out in the month of 
April in the year 1G29 ; it consisted of five ships, and 
upwards of three hundred emigrants, all of wliom were 
of the sect and sentiments of the Puritans, and were 
seeking a refuge from the persecutions of the mother 
country. They reached the shores of New England 



OP THE UNITED STATES. 79 

in July of the same year, and settled at Salem, where 
Endicott had already planted his infant Colony. Pre- 
vious to their departure, the Company had resolved that 
the affairs and government of the Colony should be un- 
der the immediate direction of a Governor and Council 
of twelve persons, residing on the plantation. Captain 
Endicott was appointed Governor, and seven of those 
who now emigrated were appointed as members of the 
Council, with instructions how to choose the other five 
on their arrival in America. 

Previous to their arrival an intercourse had taken 
place between the people of Plymouth and the settlers 
at Salem, when it was found that the latter were in 
some degree opposed to the outward form of worship 
and order of church discipline adopted by the former. 
But through the influence of Dr. Fuller, an officer of 
the Church at Plymouth, their prejudices were removed, 
and the people of Salem adopted a plan of Church or- 
der nearly the same with that at Plymouth. On the 
arrival of these new settlers the question of Church or- 
ganization was again agitated at Salem, and the major- 
ity of them assented to the adoption of that form of dis- 
cipline called Independent, expressly repudi;iting all 
connection with the Established Church of England, 
or with any of its ceremonials or forms of worship. A 
few of their number, however, expressed themselves 
attached to the ritual of the Church ; and, being dissat- 
isfied with its entire abolition, proposed to withdraw 
from the rest, and to associate together in that mode of 
worship most agreeable to their own views and feelings. 
They were summoned to appear before the Governor 
and Council, were condemned as movers of sedition 
and discord, and sent back to England. The hardships 
and perils encountered amid the severities of the ensu- 



80 C0VERN3IENTAL HISTORY 

lug winter ; sickness, privation, and want, materially 
reduced the number of the colonists both at Plymouth 
and Salem. Had it not been for the religious faith and 
fortitude of the survivors, and the increasing cruelties 
of intolerance in England, here perhaps might have ter- 
minated forever all hope of planting a permanent settle- 
ment on the shores of New England. 

The disaffection which agitated the kingdom of 
Britain on the accession of Charles I. was ripened into 
rebellion by the circumstances of his reign. Though 
endowed with many excellent virtues, Charles was 
neveitheless without the capacity to understand, or 
properly to estimate the political notions of the people 
over whom he was called to rule. The civil discord 
and religious enthusiasm which had been generated by 
the conduct of James now swayed the minds of the 
people with an almost absolute control. It required a 
wise policy, skilfully adapted and well administered, 
to meet the exigencies of his reign, and to preserve or 
promote the interests of his crown. By elevating Dr. 
Laud to the highest ecclesiastical dignity in the king- 
dom, and conferring upon him his own prerogatives of 
temporal power, he excited the odium of all protestant 
parties, and alienated from his person the affections of 
the great body of the people. The counsels of the 
Arch-Bishop were eagerly listened to by the timid 
monarch, whose conduct offended and alarmed many 
men of rank and opulence who had hitherto looked 
rather indifferently on the contest. These now entered 
the field and espoused the cause of the Puritans with 
political aims. Some did it from principle, others for 
the sake of acquiring popularity. Wiiile thus they 
gained a more respectable footing, the spirit of intolera- 
tion grew more violent and virulent. Its cruel inven- 



.1 



OF THE UNITED STATES. . 81 

tioiis appalled the minds of men, convulsed the king- 
dom, and caused many to look taward the asylum 
already opened in America. While these commotions 
were uprooting the established order of things in Eng- 
land, they also affected a very important revolution in 
the condition of the colony, in New England : We have 
already observed that the Company to whom the Char- 
ter of Government was granted was resident in London, 
and that all its proceedings for the regulation of the 
colony were transacted there. It was well contended 
among the proprietors that a government so far re- 
moved from its subjects, and unacquainted with the 
country where they were located, could know but little 
of th ir wants, and must necessarily be insensible of 
their embarrassments. It was therefore proposed that 
the Charter of Government should be transferred to, 
and its powers exercised in. New England. Accord- 
ingly at a subsequent Convention of the General Court 
of the Company held in the year 1630, provision being 
made to protect the interests of the members in Eng- 
land, it was resolved that its charter " should be trans- 
ferred and its government settled in New England." 
This was a bold and an important step. The majority 
of the Company having removed themselves as well as 
their charter across the Atlantic, were now less under 
the inspection and control of the crown. The oppor- 
tunity was afforded for a more easy execution of their 
own plans, while it enabled them openly and fearlessly 
to avow the political and religious sentiments of the 
Puritans. The charter arrived in the colony in 1630, 
and at the same time about fifteen hundred persons, 
who had embarked at an expense of £.20,000, nearly 
$100,000. They landed at Salem, but not being satis- 
fied with the location, they planted themselves at Bos- 



82 . GOVERNMENTAL HISTORY 

ton, and in that vicinity. John Winthrop, one of their 
number was chosen Governor, and Thomas Dudley 
with eighteen others, Assistants. In these "conjointly 
with all the freemen who should settle in New Eng- 
land" were vested all the corporate rights, powers and 
privileges of the Company : In 1631 the General Court 
resolved that the Governor, Lieutenant Governor and 
Assistants, should thereafter be chosen by the freemen 
only, and that none should be admitted to the freedom 
of the colony, but such as were chosen members, and 
could procure certificates from their ministers that they 
were of the orthodox faith ; and that none but freemen 
should be permitted to vote as electors or to act as 
magistrates. 

The rapid increase of their settlements now so much 
excited the apprehensions of the natives that a war 
with them seemed inevitable ; but the small-pox broke 
out among the Indians, and in a very few weeks whole 
tribes of them were destroyed. The tracts of country 
thus desolated were rich and well selected, and seemed 
vacated to open a ready and fit resting place for the 
thousands who now crowded to these shores to avoid 
the increasing cruelties of intolerance. Towns and 
villages, thriving and beautiful, sprung up almost with 
the power of magic in the howling wilderness. Tliis 
dispersion of the settlers from the immediate vicinity 
of the seat of their government, where each freeman 
was required to appear in person, rendered it necessary 
to appoint delegates to appear for them, fully empow- 
ered to deliberate and decide on all matters of public 
interest or general importance. Here again, as in the 
Colony of Virginia, we remark the origin of that dis- 
tinction which obtains between a republican, or repre- 
sentative form of government, and one purely demo 



OF THE UNITED STATES. 83 

cratic. The latter is practicable only in small commu- 
nities, and is known only in the infancy of society ; the 
former is the necessary result of its extension and dis- 
tribution. This change did not actually take place, 
however, until the year 1634, when the several settle- 
ments sent delegates to the General Court, which had 
hitherto been composed of the whole body of the free- 
men. These delegates, with the Governor and his 
Council of Assistants, thereafter constituted the General 
Court. Thus was formed the first representative as- 
sembly ever held in New England, and the second 
held in America. At this session a Bill of Rights was 
passed, which guaranteed to the people of Massachu- 
setts Bay all the rights and privileges of civil and re- 
ligious liberty. It was also declared that the General 
Court alone had power " to enact laws, to elect officers, 
to impose taxes ^ and to sell lands" — that " every town 
might thereafter choose persons as representatives (not 
more than two) who should have the full power of all 
the freemen, except in the choice of public officers and 
magistrates, wherein every freeman nuist give his own 
vote." 

This independent plan of government soon attracted 
the attention of the Crown of England, and commis- 
sioners were appointed to superintend and regulate the 
affairs of the Colonies in America. Among other 
things, they were directed to " canse the revocation of 
such letters patent as were unduly obtained, or contain- 
ed grants of powers and privileges infringing upon the 
royal prerogatives." The result of this investigation 
was, that the Council at Plymouth surrendered back 
its patent to the Crown. In 1637 — 8, a writ of quo 
warranto was issued against the Company of Massa- 
chusetts Bay ; upon which it was adjudged that the 



84 GOVERNMENTAL HISTORY 

Company had forfeited its charter. It does not appear 
that any proceedings were instituted against them in 
pursuance of this judgment, further than that the 
Privy Council ordered the Governor and Company to 
send their charter back to England, to be cancelled. 
The General Court replied, in a petition to the Com- 
missioners^" We dare not question your Lordships' 
proceedings in requiring our patent to be sent unto 
you ; we only desire to open our griefs ; and if in any- 
thing we have offended his majesty, or your lordships, 
we humbly prostrate ourselves at the footstool of su- 
preme authority; we are sincerely ready to yield all 
due obedience to both ; we are not conscious that we 
liave offended in anything, as our government is ac- 
cording to law : we pray that we may be heard before 
condemnation, and that we may be suffered to live in 
the wilderness." 

The domestic troubles which at about this time visited 
the unfortunate Charles L, and diverted the attention 
of the commissioners, preserved their charter to the 
colonists. The Governor and Assistants continued to 
sit with the Delegates, as one house, until the year 
1644, when they were divided into separate houses ; 
the Governor and Assistants composing the Upper, and 
the representatives the Lower house, each of which 
had a neo-ative on the acts of the other. " From this 
period we must consider this colony, not as a corpora- 
tion whose powers were defined, and its mode of pro- 
cedure regulated by its charter, but as a society which, 
having acquired or assumed political liberty, had, by its 
own voluntary deed, adopted a constitution of govern- 
ment framed on the model of that of England."* But, 
we may add, in many of its most important and inter- 

* Robertson. 



OP THE UNITED STATES. 85 

esting features widely diiferent. The colony continued 
under this form of government down to the great revo- 
lution of charters which took place in the year 1684, 
when its charter was also overthrown. 

Charles If. died in the following year and was suc- 
ceeded by James II. who pursued the same warfare 
against the colonies, with an unrelenting hostility 
to the spirit of independence and freedom which had 
grown up under their previous forms of government. 
We find the controversy to have continued, almost 
without interruption, down to the revolution in Eng- 
land in 1689, when William and Mary, the Prince and 
Princess of Orange, were crowned King and Glueen of 
England. The intelligence was received in this colony 
with great joy, and inspired them with the hope that 
they might regain their ancient charter. The Gover- 
nor and Council were requested by the people to resume 
the exercise of the authorities and powers with which it 
had vested them, and the form of government which 
had previously existed under it, was again erected. 
The Crown assented to the exercise of these powers, 
until such times as it could provide a new charter, 
which was issued in 1691. Under it the colony be- 
came incorporated as a Province and continued to be 
known as such until after the American revolution. 
The princi])al features of administration wherein this 
charter differed from the other will be observed when 
we come to the third division of our history. It now 
included within its territorial limits " all the old colony 
of Massachusetts Bay, the Colony of New Plymouth, 
the Province of Maine, the territory called Acadia or 
Nova Scotia ; and all the lands lying between Nova 
Scotia and Maine," under the name of " the Province 
OF Massachusetts Bay in New England." 

8 



86 



GOVERNMENTAL HISTORY 



CHAPTER IV. 

The progress of our history brings us next to notice 
the colonies of Connecticut and New Haven. This 
territory, which is now comprehended within the limits 
of the State of Connecticut, was originally conveyed by 
the Council at Plymouth, to the Earl of Warwick, in 
1630. This grant from the Company was confirmed 
to the grantee by a patent from Charles I. and was sub- 
sequently conveyed to Lords Say, Brook, Seale and 
others, in 1631. In 1632 they sent out adventurers to 
explore the coast and the interior of the country. This 
expedition penetrated the Connecticut river, as far up as 
Windsor, but it does not appear that they made any 
arrangements for a settlement. A small fort was estab- 
lished at Saybrook in the year 1635, under the direction 
of Mr. Lyon Gardiner. The permanent settlement of 
this part of the country must be attributed, however, to 
the religions dissensions which had, at this early period, 
begun to distract the colony of Massachusetts Bay. In 
1634 several individuals, under the direction of the 
Rev Mr. Hooker, made an application to the General 
Court of Massachusetts Bay, for permission to quit that 
colony for the purpose of planting a settlement in some 
favoured spot. Their petition was denied, and consid- 
ering that the oath which they had taken when they 
were admitted to the freedom of the company, bomid 
them to yield implicit obedience to the directions of the 
General Court ; they abandoned the purpose of enn'gra- 
tion. Subsequently however the General Court assent- 
ed to their applicatioUj and they were permitted to re- 



OP THE UNITED STATES. 87 

move on condition that they should continue subject to 
the jurisdiction of this colony. In the year 1635 sixty 
persons with their families went out and formed an in- 
considerable settlement on the west bank of the Con- 
necticut river. They were followed in the year 1636 
by about one hundred adventurers, and subsequently 
by several Companies, who settled Hartford, Spring- 
field, Windsor, Weathersfield and other Towns. Al- 
though the country in which they had settled was not 
within the limits of Massachusetts Bay, yet the com- 
mission under which they had departed from that 
colony invested one Roger liudlow with authority to 
publish such orders as were necessary for their govern- 
ment, to inflict punishment, to imprison, and to im- 
pose fines, to exercise judicial power, and to call a Gen- 
eral Court of the settlers whenever advisable or neces- 
sary. Soon after their settlements were established, 
they purchased a title to the country from Lords Say, 
and Scale, disavowed their allegiance to Massachusetts 
Bay, and entered into a general compact of union under 
the name of Co7ineeticuL 

By this compact it was ordained and provided that 
two General Assemblies or Courts should be held in 
each year, during the months of April and September — 
that the first Court should choose the Governor and 
his Assistants, who should be sworn to administer jus- 
tice according to the laws, or, in default of any appro- 
priate enactment, "according to the word of God." 
All freemen, who had previously taken and subscribed 
the oath of fidelity, were permitted to vote at this Court. 
Each town was required to nominate two candidates 
for Governor, and no person could be elected, or re- 
garded as a candidate, unless he was thus nominated 
for some days previous to the election. The Governor 



88 GOVERNMENTAL HISTORY 

was to hold his oiRce for one year, and was ineligible 
two years in succession. Each town was also required 
to send delegates to this Court, and, after the business 
of the election was closed, the Assembly consulted on 
matters of general public interest. The second Court, 
or that held in September, met for the purpose of 
enacting laws and ordinances, and making whatever 
provisions were necessary for the welfare of the colony. 
These several Courts were convened on a summons 
sent out by the Governor one month previous to the 
time of holding their session, while the Governor had 
the further power of assembling them on special and 
extraordinary occasions, on a warning of fourteen days. 
In case, at any time, he should refuse to do so, it was 
provided that the freemen might order the constables 
to assemble them, and, meeting under these circum- 
stances, one of their number should be chosen modera- 
tor, and their acts were binding on the people of the 
colony. Hartford, Weathersfield and Windsor sent 
each four delegates to these Assemblies, and the Gene- 
ral Court were to determine, from time to time, the 
number which should represent the other towns. The 
General Court consisted of the Governor, or in his ab- 
sence, as we have seen, a Moderator and four other 
magistrates, with the delegates from the several towns. 
Its powers were in all cases supreme. It could make 
laws and repeal them, grant levies, admit freemen, and 
take cognizance of all matters, both civil and criminal, 
and punish offenders. In case of an equal division of 
the members of the General Court, the Governor had a 
casting vote. Freemen were not required to be mem- 
bers of the church. Such was the first governmental 
compact of the Colony of Connecticut. The first 
General Court under it was held in 1636, at almost 



01P THE UNITED STATES. 89 

which time they were forced into a war with the natives. 
These wars led them further into the country, and had 
the effect of increasing and extending the settlements. 

In the year 1637 a small band of adventurers landed 
at Boston under the conduct and guide of the Rev. Mr. 
Davenport. Being unwilling to remain under the juris- 
diction of a colony which sought to restrain the propa- 
gation of their peculiar religious views, they proceeded 
thence to the southward, in the following year, until 
they arrived at an extensive level plain, on the bosom 
of a wide-spreading and beautiful bay, where they 
planted their settlement and called it Neio Haven, 
They had made no provision for a title to the soil, but 
relied on their ability to make some friendly negocia- 
tion with the natives, whom they regarded as the true 
and only proprietors. They were invested with no 
political privileges, but framed their own ordinances 
and regulations. The plan of government which they 
at first adopted was different from that of any other of 
the New England colonies. It was, if we may so 
speak, a Christocratic form of government. The 
church was the head of the colony, the minister the 
head of the church, and they imitated the early Chris- 
tians in adopting a community of goods and an equal 
distribution of lands. Mr. Davenport was at once their 
Governor and priest, and he first ofiiciated in the latter 
capacity under a large oak tree, which is still standing, 
and the spot pointed out with much veneration by their 
descendants. None were admitted to the privileges of 
freemen unless they were members of the church, and 
all officers of the colony, whether civil or military, 
were required to be professors of the Christian faith. 
These fundamental principles of their association were 
adopted at the first session of their General Court, 

8* 



90 GOVERNMENTAL HISTORY 

which was erected in October, 1639. This Court was 
composed of the Governor, Lieutenant Governor and 
Assistants, with two delegates from each settlement, 
who were chosen annually. Ail power, executive, 
legislative, and judicial resided in them, with the right 
of appeal to a Supreme Court, which was composed of 
all the magistrates in the colony, six of whom formed 
a quorum. It will be observed that many of these pro- 
visions were applicable only to a small extent of terri- 
tory, and seem not to have contemplated any wide dis- 
tribution of their settlements. They remained under 
this form of government till the year 1664. 

Soon after the restoration of Charles 11. to the throne 
in 1662 a charter v^ms issued on an application from the 
colony of Connecticut, in which the colony of New 
Haven was included. It was thereby incorporated 
with Connecticut under the style of" The Governor 
AND Company of the Colony of Connecticut in 
New England in America." This charter provi- 
ded that the governnient should consist of a Governor, 
Deputy Governor, and twelve Assistants. These, 
together with two deputies from each town, or city, 
were to constitute a General Court, which, it was pro- 
vided, should meet twice in each year. The charter 
nominated the first Governor and Assistants. The 
executive authority resided in the Governor and Assist- 
ants, the legislative in the General Court, which was 
authorised annually to elect the Governor, Deputy 
Governor, Assistants, and other magistrates — to estab- 
lish courts of justice, and generally, to make such laws 
and provisions as they might judge for the interests of 
the colony, " provided the same be not contrary to the 
laws of England." All the liberlies, privileges, and 
immunities of free-born natives of England were guar- 



OP THE UNITED STATES. 



91 



anteed to the colonists. The colony of New Haven 
was indignant at this proceeding on the part of Con- 
necticut. They insisted that it was an illegal and un- 
just infringement of their liberties and independence, 
and determined still to adhere to their own separate 
form of government. The contest between them was 
carried on with bitter and rancorous hostility. New 
Haven contended not only against the proceeding un- 
der which the charter was obtained, as in itself inso- 
lent and offensive, but insisted also that the construc- 
tion given to it by Connecticut was erroneous, that it 
did not, nor was intended by the crown to include them. 
An appeal was made to the crown on this issue. This 
appeal was arrested by assurances on the part of the 
agent who v/as deputed by Connecticut to obtain the 
charter, that the union should not be considered as 
complete unless it was voluntarily assented to by New 
Haven. But the government of Connecticut, notwith- 
standing, proceeded to exercise jurisdiction over the 
territory of New Haven. After a tedious course of 
negociation, however, and certain concessions and stipu- 
lations made in favor of New Haven, the enmity was 
allayed, and the two colonies became inseparably 
united under the same form of government, 1664. 
Hartford and New Haven were made the places where 
the General Court should hold its sessions in alternate 
years. The magistrates and delegates sat together as 
one house until the year 1698, when the General Court 
was divided into two houses, the magistrates and As- 
sistants composing the Upper, and the delegates the 
Lower House. 

In 1685 an attempt was made by the crown to repeal 
this charter. James H. proposed to consolidate the 
colonies of New England by erecting a permanent ju 



92 GOVERNMENTAL HISTORY 

risdiction over thera, and accordingly commissioned 
Sir Edmund Andros as " Captain General and Vicc- 
Admiral, &-c." empowering him with the assistance of 
a Council appointed by the crown, to make ordinances 
for their government. In pursuance of this commission 
he arrived at Boston and proceeded to overthrow the 
charters of the several colonies. He arrived in Hartford 
in 1687, proclaimed that the government of the Colony 
of Connecticut was dissolved, and demanded the char- 
ter from the General Court, which v/as then in session. 
It was in the evening, and during the confusion and ex- 
citement which prevailed on the occasion, the lights were 
extinguished and the charter was privately conveyed 
from the house and secreted in the trunk of an oak tree 
in the suburbs of the city. On the accession of Wil- 
liam and Mary, after the revolution of 1688, Andros 
was deposed in Massachusetts and Connecticut, and 
both of these colonies resumed the exercise of all the 
powers and privileges they had formerly enjoyed un- 
der their respective charters. Among the earliest pro- 
ceedings of the General Court of Connecticut a " Bill 
of Rights " was published, which secured to every man 
the rights of a freeman, protecting his life, his person, 
his name, and his property, from all injury, restraint, 
or damage whatever " unless by virtue of some express 
"law of this colony warranting the same, established 
"by the General Court, and sufficiently published ; or, 
" in case of the absence of a law in any particular case, 
" by some clear and plain rule of the word of God, in 
" which the whole Court shall concur." It also secured 
the right of trial by jury. Their criminal code was de- 
rived from the Mosaic institutions, and declared those 
offences capital which were so declared in the sacred 
writings. They enjoined on all persons, and especially 



OP THE UNITED STATES. 93 

upon tlie officers and magistrates of the colony, a regu- 
lar attendance upon public worship, were rigorous in 
enforcing the observance of moral and religious obliga- 
tionsj and punished delinquencies by the severest pen- 
al ties. 

Connecticut was less disturbed by those conflicts of 
faith and doctrine, and remained more equably pure 
and true to the original principles of the Puritans, than 
any other of the New England colonies, and even at 
this present time we may trace the beneficial eiFects of 
what we now term her " bigoted enactments." They 
were like the early discipline of a child in the faith and 
precepts of religion and virtue. They stamp their im- 
pression upon the heart, and manhood with the wisdom 
bought by experience and reflection, only removes 
whatever of error, superstition, or bigotry, may have 
accompanied theu' inculcation, while the vital principle 
itself remains to preserve from vice and infamy. Just 
so has it been with the influences set in operation by 
the Puritans in Connecticut, nor is there any portion 
of our now extended territory where the religious vir- 
tues have so powerful an ascendency, or where the 
moral character is developed in more beauteous and at- 
tractive proportions, or Avhere Ave can mark so little de- 
viation from the principles and practical piety of our 
pilgrim fathers. There the seed sown by them seems 
to have fallen on its most genial soil. The errors, su- 
perstitions, and imperfections, which necessarily at- 
tended their early and not well instructed, because per- 
secuted zeal, have gradually faded away before the pro- 
gress of education and refinement, and she retains only 
the simplicity and sincerity of their devotion, the 
steadfastness of their faith, and, running through all 



94 GOVERNMENTAL HISTORY 

her institutions, the purity and integrity of their prin- 
ciples. Her fabric of government is the most purely 
democratic-republican in the world. 



CHAPTER V. 

In pursuing the history of the New England divi- 
sion of this continent, there is yet another colony whose 
tise and progress demands our attention. We have 
already had occasion frequently to remark that the 
colony of Massachusetts Bay was early distracted with 
religious dissensions. In the year 1631 Roger Williams 
of Saleni, promulgated substantially the following senti- 
ments — That all persons who had held communion with 
the Church of England should openly confess their 
error ; that saints ought not to hold communion with 
sinners either in worship or oath ; that it was unlawful 
for unregenerate persons to pray ; that the civil magis- 
trates ought not to interfere in matters of religious faith 
and practice ; that intoleration is persecution ; and that 
the patent of the king disposing of the lands belonging 
to the natives without their consent was unjust and 
void. — On account of these sentiments Mr. Williams 
was summoned before the General Court, and subse- 
quently banished from the colony. Collecting a few 
followers he proceeded to the southward as far as the 
Ocean and Narragansetts Bay. Cultivating a friendly 
disposition with the natives he was permitted to tra- 
verse the country without molestation, and finally set- 
tled at a place which he called Providence, in the year 
1636. 



OF THE UNITED STATES. 95 

About two years from this date the famous Mrs. 
Hutchinson commenced her career in promulgating 
what was called " the antinomian heresy," maintaining 
"that faith alone without works would secure salvation." 
She also insisted upon the right of women to preach. 
She was also banished from the colony, and proceeded 
with a few followers to Providence, where they associat- 
ed with Williams and his followers in a civil compact, 
purchased the Island of Rhode Island, and in the course 
of the following year laid the foundation of Newport. 
They soon found, however, that a tenure derived from 
the natives was not sufficient to protect them from the 
claims and encroachments of their more powerful 
neighbours, and feeling the necessity and importance 
of a higher title to their settlements in order to estab- 
lish a frame of government which would be respected 
by the older colonies, they sent Roger Williams to En- 
gland, with a petition to the crown for a patent. He 
obtained from the Earl of Warwick a charter of incor- 
poration of '• the Providence Plantations " in 1643. 
This charter was confirmed by the two houses of Par- 
liament in 1644, Charles the first being at that time 
banished from his capital. A convention composed of 
the freemen of the several plantations of Providence, 
Newport and Portsmouth, met under this charter in 
1647. The charter vested the Executive power in a 
President and four assistants, who were to be chosen 
from among the f eemen, and who also constituted a 
court for the administration of justice. The Legisla- 
tive power was vested in a Court of Commissioners, con- 
sisting of six persons chosen by the several towns then 
in existence — each township was to choose a council of 
six persons, for the regulation of its own internal affairs, 
and for the settlement of trivial controversies. The 



96 GOVERNMENTAL HISTORY 

principal feature in which this colony differed from all 
the others was. in their unqualified religious toleration. 
They continued under this charter until after the Res- 
toration. 

The proclamation of Charles II. as King of England 
was regarded with different feel in "^s in the different 
colonies in America. Those in the southern section 
rejoiced on receiving intelligence of his coronation, 
while most of the New England colonies, and more 
especially Massachusetts, heard it with regret and aj> 
prehension. The recently dominant administration 
had been more indulgent to the liberties which the 
colonies had assumed under their charters, than might 
consist with the rigid notions of the royal prerogative, 
which it was supposed might be entertained by a mon- 
arch fresh from the struggles of a revolution which 
sought to annihilate all royalty. The colony of Rhode 
Island, however, regarded it as afibrding them an op- 
portunity to secure themselves against the hostility 
which they had experienced from the other colonies of 
New England. Those colonies had entered into a con- 
federation for their mutual protection, from which 
Rhode Island was excluded ; her charter, having been 
obtained under the revolutionary administration, did 
not afford a sufficient guaranty for tlie duration of her 
existence as a separate colony. Massachusetts had fre- 
quently claimed a right to include them within her ju- 
risdiction, and, in apprehension of such an event, an ap- 
plication was made to Charles for a patent which should 
confirm their title to the soil, and invest them with the 
requisite powers of jurisdiction over it. They were 
accordingly incorporated under a charter from that 
monarch, in the year 1663, as " The Governor and 
Company of the English Colony of Providence 



OP THE UNITED STATES. 97 

AND Rhode Island Plantations in New En- 
gland, IN America." This charter placed them on 
an equal footing with the other colonies, and led to the 
establishment of a friendly intercourse between them. 
Under it the Executive power was vested in a Gov- 
ernor, Deputy-Governor and ten Assistants to be elected 
T)y the freemen of the colony. The Legislative author- 
ity consisted in a General Assembly, which was com- 
})osed of the Governor, Deputy-Governor, the ten As- 
sistants, and delegates from the several towns. Newport 
sent six delegates to this Assembly, Providence, Ports- 
mouth and Warwick, four, and each of the other towns 
two. The Governor, or Deputy, with six xissistants, 
constituted a quorum for the transaction of business. 
This General Assembly had power to enact all laws, to 
admit freemen, choose officers, to establisli courts of jus- 
tice, to punish offences, and generally to do whatever 
was necessary for the common defence and welfare of the 
colony. The most remarkable feature which distin- 
guished this charter from those of the other colonies, was 
unqualified religious toleration. It was provided "that 
no person should be in any way molested, punished, 
disquieted, or called in question, for any difference of 
opinion in matters of religion." This is the first recog- 
nition of the right of religious liberty, which we find 
in the charter provisions of any of the colonies, and 
does honor to the memory of the monarch from whom 
that charter was obtained. The principle for which so 
many trials had been undergone, for which so many 
lives had been periled and so many sacrifices had been 
made, was at length recognized under the royal seal. It 
was a proud triumph for the advocates of free principles, 
and illustrates the progress of human improvement. 
Yet it has been said by v/ay of reproach that even in 

9 



98 GOVERNMENTAL HISTORY 

Rhode Island the right of religious liberty was soon and 
shamefully invaded, by persecutions against the Catho- 
lics. If we look at the subject in its true light we can- 
not be surprised that it was so. We observe the same 
hostility to have existed in all the New England colo- 
nies against both the Catholics and English Episcopa- 
lians ; and in palliation of it we would simply say — that 
it was as much an object with our Pilgrim Fathers in 
coming to this continent, to plant and perpetuate their 
own peculiar views of government, as to acquire the 
liberty of worshipping God according to the dictates of 
their own consciences. They sought civil as well as 
religions liberty. They had been persecuted at home 
by both Catholics and Episcopalians. The peculiar 
tenets, political and religious, of the Church of Rome as 
well as the Church of England, were alike hostile to 
them. The several parties contended for altogether dif- 
ferent principles, and neither could reasonably be expect- 
ed at that day to tolerate the other ; and, however grace- 
less or illiberal, or inconsistent, it may appear to\is, who 
have now no such enemies to liberty to contend with, had 
it not been for the stern, unyielding and uncompromising 
devotion of our forefathers to their own views of civil 
and religious liberty', New England, perhaps all Ame- 
rica, might even to this day have been under the thral- 
dom of an ecclesiastical hierarchy or the dominion of a 
crown. Before we permit ourselves to reprobate the 
intolerance of our forefathers, we must consider the ao^o 
in which they lived, the circumstances under which 
the)?' acted, and that the true principles of liberty of 
conscience were not then as well understood, or as gene- 
rally disseminated, as they arc now. 

Rhode Island continued under this charter down to 
the time of our Revolution, and it is still regarded as 



OF THE UNITED STATES. 99 

the fundamental basis of the constitution of govern- 
ment now existing in that State. The Governor, 
Assistants, and Delegates, sat as one house till the year 
1696, when it was enacted that the house should be 
divided. The Governor and Assistants constituting the 
Upper branch, and the delegates the Lower branch. 

Such was the origin, and such as we have successively 
detailed them, were the general governmental relations 
of the principal colonies embraced in the early history 
of New England. Causes mostly of a similar character 
led to a still further division and extension of tlieir 
settlements. New sects springing up among them 
and finding their tenets little respected, went out and 
planted new Townships : thousands continued daily to 
throng its coasts, and pour into its territories, so that 
within a few years, more than one hundred and twenty 
towns and about forty churches were planted in New 
England. In the year 1637 the Crown became so 
alarmed at the rapidity of its growth, and the increase 
of its population and settlements, that a special procla- 
mation was issued, prohibiting all masters of vessels 
transporting any person whatever without license 
from the Crown, or some magistrate. Among the 
number of those who had prepared to embark lo these 
shores, and were prevented by this interposition of 
royal authority, was the celebrated Oliver Cromwell. 
He had actually set sail, but the vessel in which he had 
embarked, meeting with contrary and tempestuous 
winds, was driven back into port, and thus he became 
the subject of this interdict. When we think of his 
after career — his restless spirit — his sturdy and aspiring 
intellect— we cannot help losing ourselves in specula- 
ting upon the probable consequences to America, to 
mankind, had he then carried his purposes into execu- 



100 COVKRNiMr.NTAL HISTORY 

tion. Bat it was his career at home, the Revolution 
which he accomplished in England, which gave a 
new complexion to the condition of the colonies in 
America, and tended to stamp upon them still more in- 
delibly the political features which they had already ex- 
hibited. Under his Protectorate laws were enacted be- 
stowing upon them the most liberal benefits ; and it was 
under the disturbances of his administration that they 
took occasion to form themselves into a confederacy, 
which formed a bond of Union never thereafter to bo 
broken or sundered. Here we close the history of the 
Northern Colony of Virginia, or New England, 
which we have made the second part of our governmen- 
tal histor^^ It cannot be that we have gone over it with- 
out interest or instruction. We have seen a wild, inhos- 
pitable and cheerless shore, converted into a cheerful, in- 
viting and growing garden of liberty and independence. 
We have seen the wilderness bud and blossom like the 
rose, and the solitary place made glad with the voices of 
industry, civilization, and religion. We have seen the 
pure principles of liberty and religion, thrown out from 
among the discordant elements of civil and ecclesiastical 
tyranny and usurpation, without a home or a resting 
place ; defended only by the poor, the illiterate, the 
despised, and the persecuted ; acquiring strength and 
energy in the darkest hour of their peril, till they awa- 
ken the interest ^nd the regard of the opulent, the 
honorable, and the powerful. We have seen how the 
bonds of social union are originated and how its spirit 
is formed in its infant state. We have seen small com- 
munities of men, planting their feeble families on an 
unexplored continent; we have seen these families 
reared and transformed into large political bodies ; and 
have also remarked how, as they grew, the operative 



OP THE UNITED STATES. 101 

principles of republicanism have successively developed 
themselves. While at the same time we have dis- 
covered by what a singular and peculiar instrumentali- 
ty, and influenced by what causes, the characteristic 
qualities of this portion of our country have been origi- 
nally developed and successively acquired. The survey 
should awaken the ardour and nerve the energy of our 
devotion to institutions so wisely framed, and with so 
much toil, so much sacrifice, so much care, so much 
blood, reared by our forefathers. It should teach us to 
appreciate and to prize the noble heritage they have 
conveyed to us. Above all it should rekindle our vigi- 
lance, and excite a jealousy of all. of any doctrines be 
they political or religious which tend, either in theory 
or in thought, to undermine the foundations which 
they have laid. 



PART III. 



GOVERNMENTAL HISTOUY OF THE COLONIES IN THEIR 
SMALLER DIVISIONS TO THE TIME OF THE DE- 
CLARATION OF THEIR INDEPENDENCE. 



CHAPTER I. 

In the foregoing part of this work we have traced 
the history of our countiy in its two early and princi- 
pal divisions till we have seen them assume the rank 
and stability of regularly organized political bodies, each 
under its separate and peculiar policy and forms of gov- 
ernment. We propose in this third part to continue 
the subject of their governmental history, in their 
smaller divisions, from this time down to the time of 
our Revolution. This survey will include a view of 
the causes which led to that event, and to the declara- 
tion of their independence, which will bring us to tlie 
fourth and last part of our design, in which we will 
treat of their consequent union under the Confederacy, 
give an exposition of the defects of those articles, and 
pursue the subject till their more perfect, permanent and 
happy union under the present Constitution. 

In reviewing the history of the early settlements of 
New England wc have already had occasion to remark 
the causes which led to the origin of the separate colo- 



GOVERNMENTAL HISTORY, ETC. 103 

nies in that portion of our continent. Most of those in 
the southern division which existed at the time of our 
Revolution under separate organizations, were origi- 
nally comprehended within the limits of the patent 
granted by James I. to the South Virginia Company. 
On the dissolution of that corporation their lands re- 
verted to the Crown, and were subsequently granted 
under new charters and with prescribed limits. 

New York was originally settled by emigrants from 
Holland, who seem to have taken occasion during the 
apathy of the Crown, or while both the King and Par- 
liament were agitated and absorbed by domestic dissen- 
sions, to take possession of this section of the country, 
which, with the present territory of New Jersey and 
Long Island, was called the New Netherlands. 
They pretended to found their claim on a purchase made 
from Henry Hudson in 1608—9. Hudson discovered 
the River which now bears his name, and the countries 
adjacent, in 1608, and afterwards, it was contended, sold. 
the interest which he derived in it by the commission 
under which he sailed, to the Dutch. Both the fact and 
the validity of the sale were denied by the English, and 
the right of the Dutch to make anv settlement was 
never recognized by Great Britain. She insisted also 
on a priority of title founded upon the discoveries 
which were made by Cabot, during the reign of the YH. 
Henry, in 1497. It will be remembered that under the 
patronage of that monarch that adventurer had ex- 
plored the coast from Labrador to the southern boun- 
dary of Virginia, and we have already noticed the cir- 
cumstances which induced a relinquishment of the 
claim at that early period. Discover3r, however, came 
afterwards to be considered as establishing a good title 
to the country, and the right thereby conferred was ad- 



104 GOVERNMENTAL HISTORi 

mittod in tlie intercourse of nations. Accordingly in 
the year 1064, (jharles II. granted by patent to his bro- 
ther, the Duke of York and Albany, "all that re- 
gion ofconntry extending from the western bank of the 
Connecticnt to the eastern shore of the Delaware River," 
together with Long Island. The Duke was at the 
same time invested with all the powers of government, 
both civil and military — with authority to correct, pun- 
ish, pardon, govern and rule, according to such laws as 
he should establish, all subjects who should inhabit the 
territory ; and also to exercise martial law in case of 
rebellion, insurrection, seditious meeting or invasion, 
provided always that the same laws were " not con- 
trary to, but as near as might be, agreeable with the 
laws of England," reserving in the Crown aright to 
hear and determine all appeals. The Dutch were in 
possession when this charter was published, but no in- 
frinofement of their rights as freemen was permitted, 
and they were required to be treated as subjects, rather 
than as enemies or aggressors. They, however, were 
not disposed to yield quietly to the domination of En- 
gland, and several times struggled for the mastery of 
the soil. They were finally brought to terms of sub- 
mission in the year 1674, when the Duke of York, in 
order to put at rest all questions which might arise as 
to the validity of the original grant, applied for and ob- 
tained a new patent from the Crown. This grant con- 
ferred the same powers which were enumerated in the 
former charter, with the further provision, that no trade 
should be carried on with the colony without his per- 
mission-, while the colonists were permitted to import 
merchandise upon paying duties according to the laws 
of Eno^land. The Duke reigned under this charter, 
without the intervention of any General Assembly, un- 



OF THE UNITED STATES. 105 

til the year 1682, when the colonists were permitted to 
•elect an Assembly of Delegates, whose enactments were 
subject to the revision of the Proprietarj^. After the 
Dnke sncceeded to the throne, the colonial government 
was administered by a Governor, appointed by the 
Crown, aided by representatives chosen by the colo- 
nists. The jcoui'se of legislati n and policy thereafter 
pursued w^s more nearly -assimilated to that of the pa- 
rent state than in any other of the colonies.* 

Long Island and the present territory of New Jer- 
,SEY were also comprehended in this patent to the Duke 
of York. In tlie same year in which it was issued the 
Duke granted to Lord Berkley and Sir George Carterett 
^'all the tract adjacent to New England, lying west- 
ward of Long Island — bounded on the east by the main 
sea and partly by Hudson's River, on the west by Dela- 
ware Bay or river, and extending southward to the 
main ocean as far as Cape May at the mouth of Dela- 
ware Bay; and to the northward as far as the north- 
ernmost branch of the Delaware Bay or river, which is 
41^ 40' lat. which trs^ct is to be called New Ceserea or 
New Jersey — together with all political powers, privi- 
leges and royalties thereunto appertaining.^ Under 
the well directed enterprise of these gentlemen it was 
soon settled with a flourishing population. The con- 
stitution i!tf government provided that the Executive 
authority should reside in a Governor and Coimcil, and 
the Legislative in a General Assembly, composed of 
the Governor and Coimcil, and representatives chosen 
by the colonists. The powers of legislation were full, 
provided that the laws and ordinances enacted " be con- 
sonant to reason, and as near as may be conveniently 
agreeable with the kws and customs of his Majesty's 

* Story- 



106 GOVERNMENTAL HISTORY 

realm of England." Freedom of opinion in matters of 
relisfion was srnarantecd to the colonists. 

The earliest settlements in Pennsylvania were 
made by Swiss, German, and other emigrants, who de- 
rived their titles from various sources. They were 
brought under the administration of the Governors of 
New York, who predicated their authority on the potent 
given to the Duke in 1664. The source from whence 
it was derived, however, was regarded as defective, and 
they were always looked upon as usurpers. It re- 
mained under this weakened jurisdiction, till 1681, 
when it was granted by Charles II. to Wm. Penn, as 
sole proprietary, and its boundaries were defined. Penn 
acted as Governor of the province till 1684. 

The present state of Delaware w^as also appended 
to New York, and was purchased of the Duke by Wil- 
liam Penn, in 1682, when it was united to the province 
of Pennsylvania, in which year the first General As- 
sembly of the colony was held, at Chester. This 
union was dissolved in 1703, from which period down 
to the time of our revolution these territories were gov- 
erned by separate le^^islatures of their own choosing. 

The state of Maryland was the first instance of the 
division of a colony and the establishment of another 
within its territorial limits, which was made directly 
by the crown.* In the year 1632 Charles I. issued a 
patent to Lord Baltimore, gmnting to him "all that re- 
gion bounded by a line drawn from Watkin's Point, 
in the Bay of Chesapeake to the Ocean on the east — 
thence to that part of the estuary of Delaware on the 
north, under the 40th degree, where New England is 
terminated — thence in a right line by the said degree 
to the meridian of the fountain of the Potomac — thenee, 

* MarshaH. 



OP THE UNITED STATES. 107 

following its course by the farther bank, to its conflu- 
ence with the Chesapeake, and thence to Watkin's 
Point."* which was called Maryland, and erected under 
a frame of government entirely independent of Virginia. 
The Proprietary was invested with full powers of gov- 
ernment, in the legislative branch of which he was 
aided by the representative assembly of the people. 
The charter provisions were similar to those contained 
in the other colonial charters, except that it did not 
contain any requisition that the laws should be subject 
to the revision of the Crown. The colony planted by 
Lord Baltimore was of the Catholic religion. 

The territory of the Carolinas was conveyed by 
Charles II. to Lords Clnrendon and others, in April 
1663! The form of administration at first adopted by 
the proprietors, provided that the government should 
reside in a Governor, to be chosen by the Proprietors, 
from a council of thirteen persons who were to be nomi- 
nated by the colonists, and an assembly composed of 
the Governor, Council and Delegates of the people. 
They were invested with full powers of legislation, 
subject to the revision of the proprietary. Perfect tol- 
eration was proclaimed in matters of religion. Eacli 
settler was to receive one hundred acres of land for 
himself and fifty for every servant, provided he came 
into the province within five years from this period. At 
its first meeting the General Assembly enacted, that no 
freeman should be sued for any cause of action origi- 
nating out of the country for the space of five years, 
and all persons were prohibited receiving a power of 
attorney for the purpose of receiving such debts.t The 
proprietors finding their settlement to grow very tar- 
dily, notwithstanding these inducements to encourage 

* Story. t Wintcrbolham. 



108 GOVERNMENTAL HISTORY 

settlers, attributed it to the plan of g^ovemment they 
Jiad adopted, and tlie famous philosopher John Locke 
was employed to draft a frame of administration for the 
Province. Ilis political theories were ill-adapted to the 
actual condition of man^ or the existing- relations of so- 
cietV; and his plan of government demonstrated the in- 
ability of mere closet speculation to provide for the regu- 
lation of communities^ or the amelioration of the con- 
dition of mankind. It was soon found to be inadeqnate 
to the wants, the feelings, the condition, and character 
of the people, and was abandoned, and the older form 
re-established. The earlie?st settlements were made at 
Cape Fear, and Albemarle. The legislation of the two 
settlements was distinct, though they were brouo^ht 
under the same executive administration. They be- 
came entirely separated in 1732. In June ©f this year, 
a plan was formed in England for planting a colony on 
the territory hying between the river Savannah and 
Altamahaw — the object of the proprietors was similar 
to tliat which led to the settlement of New Eno-land, 
as well as "to strengthen the province of Carolina, 
and provide a maintainance for suffering and indi- 
gent families in Great Brittain and Ireland." A char- 
ter of incorporation was obtained from George II. which 
conferred the usual powers of corporatioJis in England. 
It placed the management of the colony in the corpora- 
rion, and a council of sixteen persons, to be first nominated 
by t}]e crown, and afterwards chosen by the proprietors. 
Under the auspices of this corporation. General James 
Oglethorpe, and one hundred and sixteen persons em- 
barked for America, in November. They landed at 
Yamacrav/ and com.menced to explore the country for 
a convenient spot to plant their colony. Arriving at a 
beautiful and elevated plain, on the banks of a river 



OF THE UNITED STATES. 109 

called by the natives Savannah, they planted the city 
which now bears that name, and thus was laid the 
foundation of Georgia. 



CHAPTER II. 

This cursory reference to the origin of the several 
colonies in the southern section of our country, prepares 
us to proceed with their general governmental regula- 
tions. In doing this we find them resolved into three 
different classes, Proprietary, Provincial, and 
CHARTER Governments. 

The Proprietary were so denominated because 
the individual to whom the grant was made, was in- 
vested with all power and authority, independent on 
any interference of the Crown and Parliament, except, 
as it was expressly provided, when he departed from 
the objects of the grant. He possessed all the preroga- 
tives of royalty, and the inferior powers of legislation 
which formerly belonged to the owners of counties 
Palatine in England. He was authorised to frame all 
laws, ordinances and institutions which were necessary 
to promote the interest, or for the better regulation of 
the col on V. He appointed the Governor, and had 
power to direct him to call an assembly of the freemen 
or their delegates, to demand their assistance in devi- 
sing the mode in which the functions of government 
should be performed, or he might himself devise that 
mode. The Executive power resided in the Proprietary. 
In the early history of these colonies, as we have seen, 
the whole body of the people met to enact their laws, 

10 



110 GOVERNMENTAL HISTORY 

and to provide for the general interests of the colony, 
but their ordinances were always subject to the revision 
of the Proprietary. It is obvious that under such a 
policy of govennnent many occasions might occur 
when the exercise of these prerogatives might be of great 
detriment, and tend even to the oppression of the colo- 
nists. Laws which, in the view of the people or their 
assembly of delegates, might be for their benefit, could 
be prevented if they were not agreeable to, or coinci- 
dent with, the views, the wishes, or perhaps even the 
caprices of the Proprietor. Accordingly we find that 
the history of these colonies presents an almost uninter- 
rupted series of quarrels or controversies between the 
Proprietary and the people. At the time of our Revolu- 
tion Pennsylvania, Delaware and Maryland 
existed under this form of government. 

The Provincial governments were those which 
were framed under commissions issued by the Crown, 
which contained usually the appointment of the indi- 
vidual to whom they were directed to the office of 
Governor or Vice-Gerent of the Crown. They derived 
their characteristic features from the nature of these 
commissions and the instructions with which they 
were accompanied. The Governor or Vice-Gerent as 
he was called, was required to conduct the administra- 
tion of the government agreeably to the laws of Eng- 
land, and was liable to be punished by those laws in 
case of mal-administration. A council was also named 
in the commission who were associated with the Gov- 
ernor as assistants in the performance of executive busi- 
ness. With their advice, the Governor had power 
to establish courts ; to appoint judicial and other ofii- 
cers and magistrates; to pardon offences; to remit 
fines imposed, or forfeitures uicurred ; to collate to 



OF THE UNITED STATES. Ill 

churches and benefices ; to levy military forces for 
defence ; and to execute martial law in times of war, 
invasion, or rebellion. The Governor also had the 
power to suspend any member of the council from 
office, and to fill any vacancies which might occur, 
subject to the pleasure of the Crown. These commis- 
sions also provided for the convening of the assem- 
blies of the freemen, or their representatives, who, with 
the Governor and Council, composed the legislative 
of the Province, the council composing the upper 
branch, and the representatives the lower branch, with 
a negative upon their enactments residiiig in the Gov- 
ernor. All laws after their final passage were subject 
to the revision of the Crown in England. Both the 
Judicial officers and the Governor were dependant upon 
appropriations made by the assemblies for their compen- 
sation, which regulation operated as a healthful check 
against any violent assumption of authority or abuse of 
power. Appeals lay to the Crown from the higher 
Courts of judicature. Nem^ Hampshire, New York, 
Neav Jersey, Virginia, Georgia and North and 
South Carolina existed under this frame of adminis- 
tration at the time of our revolution. The two last 
named Provinces were originally Proprietary, but this 
form of government was attended with great embarrass- 
ment. The haughty and independent spirit of the peo- 
ple rebelled against the insolence and oppression of the 
Proprietors. They threw oft' their authority, proclaimed 
themselves independent, and elected their own Governor 
and members of assembly, in 1719. This form of gov- 
ernment was afterwards confirmed to them under a 
commission from the Crown. 

Those of the third class, the Charter-Govern- 
ments, were such as derived their existence under a 



112 GOVERNMENTAL HISTORY 

charter containing a grant of political powers and 
privileges to the Company generally. Their first 
Governor was appointed by the crown, and after that 
by the Company. We have already seen what were 
the general provisions of these charters, and how they 
were departed from in the severtil colonies established 
under them, and how in the progress of their history 
they gradually assumed the exercise of more liberal 
executive, legislative, and judicial powers, than were 
warranted by their early charters. The new charters 
which some of them subsequently received, expressly 
secured to them many of these powers and privileges. 
Their Governors were appointed by the Crown, while 
the Council was chosen by tlie General Assembly, and 
the representatives by the people themselves. Massa- 
chusetts, Rhode Island, and Connecticut, were 
the only charter governments existing at the time of 
our revolution. The two last named came to be more 
purely democratic than any other of the colonial gov- 
ernments. The Governor, Council, and Representa- 
tives were chosen directly by the people, and all other 
officers were appointed by them. 

Such w^ere the principal features wherein the several 
colonies differed in their general governmental regula- 
tions. We now propose to point out those in \Ahich 
their administrations were similar, and which, while 
they proclaim their consanguinity to each other and to 
the mother country, at the same time develope the 
growth of those ties of political relationship which 
served in their more perfect maturity to harmonize 
their opinions, and bind them together in a perfect, a 
permanent, and happy union. To all of the colonists 
and tlieir descendants, in each of the colonies, were 
guaranteed all the rights, privileges, and immunities, 



OP THE UNITED STATES. 113 

of native-born subjects of England, while upon the 
legislative powers of each was imposed the restriction 
that their laws should not be repugnant, but as nearly 
as might be agreeable, to the laws of England. This 
restriction was but little regarded, however, in most of 
the colonies, and it does not appear to have been rigidly- 
enforced by the crown. They availed themselves of 
the qualification it seemed to contain, and adopted a 
latitude of construction which admitted the passage of 
laws and ordinances differing from those of the parent 
state, Avherever the latter were regarded as inappropri- 
ate to their condition and circumstances. Occasions 
frequently arose which rendered tliis liberty of legisla- 
tion necessary to their preservation and prosperity. 
Indeed, in the several colonies the same provisions of 
the common law were not found of a like suitable ap- 
plication, but were adopted with a singular variety of 
construction, and although each of them regarded the 
common law of England as its just right, and the foun- 
dation of its own juridical system, it were difficult to 
trace the varied superstructure in each to the same 
original source. We find, however, a much wider de- 
parture from their charter provisions in their legisla- 
tive enactments, than in their judicial decisions. These 
provisions, and the laws of the mother country, Avhether 
springing from the ordinances of the Crown or the 
enactments of Parliament, were alike disregarded, un- 
less where they had reference to their relations with 
the mother country, or did not interfere with their in- 
ternal policy. 

The right of choosing delegates who should consti- 
tute a branch of their legislative assembly, to represent 
and protect their interests, was rigidly insisted upon 
and enjoyed by all the colonies. It had been always 
10* 



114 GOVERNMENTAL HISTORY 

claimed by them as a fundamental principle, and was 
admitted in the organization of the Proprietary and 
Charter governments, while in tlie Provincial frequent 
controversies arose between the crown and the colo- 
nists as to its nature and extent. " Virginia was for 
many years distracted under the government of Presi- 
dents, and Governors, with Councils, in whose nomina- 
tion or removal the people had no voice, until in the 
year 1620 a House of Burgesses broke out in the colony, 
without any powers or directions from the King and 
the Grand Council at home permitting it. The Gov- 
ernor and Assistants of Massachusetts Bay at first in- 
tended to rule the people, and obtained their consent 
for it, but this lasted only two or three years, and 
although there was no colour for it in the charter, yet a 
house of deputies suddenly appeared in 1634, to the 
surprise of the magistrates, and the disappointment of 
their schemes for power. Connecticut soon after fol- 
lowed the plan of Massachusetts. New Haven, although 
the people had the highest reverence for their leaders, 
and for nearly thirty years, in judicial proceedings, 
submitted to the magistracy (who, however, be it re- 
membered, were annually chosen) without a jury, yet 
in matters of legislation the people from the beginning 
would have their share by their representatives. New 
Hampshire combined together under the same form as 
Massachusetts. Lord Say tempted the principal men 
of Massachusetts, to make them and their heirs nobles 
and absolute governors of a new colony, but under this 
plan they could find no people to follow them. After 
the restoration there is no instance of a colony settled 
without a representative of the people, nor any attempt 
to deprive the colonies of this privilege except in the 



OP THE UNITED STATES. 115 

arbitrary reign of King James II."* The crown claimed 
that this privilege originated not in any right, or from the 
commissions under which the Provincial governments 
were established, but in its own good pleasure and 
bounty. That it had a right to exercise its preroga- 
tives in fixing their number, in determining when and 
how they should be chosen, when and how often they 
should assemble, and how long their sessions should 
continue. On the other hand, it was claimed that from 
the beginning it was stipulated that the colonists were 
to enjoy "all the liberties, privileges, and franchises of 
English subjects," and one of these was the right of 
representation. This it was well reasoned, was in 
effect taken away, if a power resided in the crown to 
continue an Assembly without a new election. The 
point at issue was of too serious a nature to be regarded 
by the colonists as of merely local importance. The 
controversy elicited the interest and awakened the 
anxieties of all. They truly argued that if such doc- 
trines were to prevail over any portion of the continent, 
it would open the way for a wider usurpation, and the 
same arbitrary sway would be in course extended over 
the rest. They felt that the question involved a vital 
principle of political freedom, and that it would endan- 
ger all their liberties to give it up. Accordingly the 
several Colonial Assemblies passed resolutions in a 
bold, manly, and decisive spirit, insisting on this right. 
So that at the time of our revolution there was not one 
of them without a representative Assembly of its own 
choosing. 

The tenure by which lands were held was ah 
the same in all of the colonies, and of the most free 
and liberal nature, they being " hoi den of the crown 

♦ Hutchinson. 



116 GOVERNMENTAL HISTORY 

in free and common soccage, and not in capite or by 
knight-service." They were thus exempted from the 
oppressions and servitude which feudalism had intro- 
duced into the mother country. Being independent on 
the will of a superior lord, they ahnost universally re- 
garded themselves as the proprietors of the soil which 
they occupied and cultivated. The necessary conse- 
quence of this system of tenure was, that it produced 
a uniform and simple mode of conveying and trans- 
ferring property in all the colonies. Deeds, or other 
instruments of conveyance, when executed, acknow- 
ledged, and recorded, were considered as fully efficient 
in transferring the title to property, without any of the 
attendant ceremonies of delivery, or taking possession, 
which had obtained in England.* 

The several colonies were also distinct and indepen- 
dent of each other, each possessing and exercising within 
its jurisdiction, all the powers necessary for its own inter- 
nal regulation, while at the same time they were each 
and all dependant upon Great Britain, declared and ad- 
mitted to be a part of her dominions. They freely ac- 
knowledged their allegiance to the crown, were exclu- 
ded from all connection with foreign states, and, as de- 
pendencies they -followed the fate and fought the for- 
tunes of the parent country ; as such also they claimed 
and enjoyed the right of appeal to the crown from the 
adjudications of their several colonial governments, and 
their appeals were heard and determined by the King in 
Council.t In their intercourse and relations with each 
other they were perfectly amicable and harmonious, and 
each inhabitant enjoyed free ingress and egress, and 
could claim the same rights and liberties in tlie one as 
in the other. Like brethren of the same family, sharing 
* Story t Story. Kent. 



OF THE UNITED STATES. 117 

the same protection, and enjoying- the same blessings, 
under the guidance and direction of the same common 
parent whom they loved and veneiated, they were one 
people — one in origin — one in language — one in inheri- 
tance — one in dependance — one in interest — one in 
sympathy — one in destiny. 



CHAPTER III. 

The treaty of Paris, wherein France ceded to Great 
Britain all her possessions east of the Mississippi, was an 
important sera in the governmental history of the colo- 
nies. It relieved them from the agitations and embarrass- 
ments so frequent during the existence of that power in 
America, and which had so much disturbed their tran- 
quillity and impeded their prosperity. Had England 
taken advantage of the grateful feelings awakened in the 
colonies by the peace of 1763, she might have secured for 
ever their loyal ty, and their allegiance. We may be per- 
mitted to express our surprise at the policy which she 
pursued, but it was not the province, nor was it in the 
power, of human ingenuity to uncover the mysterious de- 
siofns of that Providence who directs the destinies of men 
cind of empires. Already had been developed and set in 
operation a train of causes whose progressive influences 
must bring about the independence of these colonies, 
and make this continent the abode of a gfreat nation — 
the refuge of the oppressed — the home of free principles 
— the sanctuary of true religion-^the hope of mankind, 
nor could any human forethought or sagacity stay 
their tendencies to this result. Peace was proclaimed, 
but to accomplish it had thrown a heavy burden of 



118 GOVERNMENTAL HISTORY 

debt upon England, while to preserve it it was supposed 
would require a large increase of her military establish- 
ment. Findino^ her own resources insufficient to sustain 
this weight of debt, and to supply this increase of ex- 
penditure, her Parliament resolved that it was "just 
and necessary that a revenue should be raised in 
America." Accordingly an act was passed which re- 
cited that "Whereas it is just and necessary that a 
revenue be raised in America for defraying the expen- 
ses of defending, securing, and protecting the same. We, 
the House of Commons, &c., towards raising the same 

§-ive and grant unto your Majesty the sum of £ 

here follows a specification of duties and imports im- 
posed upon the colonies : the monies arising there- 
from to be paid into the receipt of his Majesty's ex- 
chequer, to be entered separate, and reserved to be dis- 
posed of by Parliament towards defraying the neces- 
sary expenses of defending, protecting, and securing 
America." 

In defining their relations with the mother country 
the several colonies had early taken a distinction be- 
tween the ordinances of the Crown and the enactments 
of the Parliament. They admitted that they were 
bound to render all due allegiance to the former, Avhile 
they denied the supremacy of the latter. They in- 
sisted that in themselves they possessed all legislative 
powers, and were not bound by any legislative provis- 
ions in which their representatives had had no voice, 
or to which they had not given their consent, and they 
had always complained of all sucli acts as grievances. 
At times, however, the decisions of their judiciary had 
compelled them to relinquish this position, so far as to 
acquiesce in the power of Parliament to pass such acts 
as were made to promote their general interests, or to 



OP THE UNITED STATES. 119 

regulate their commerce, or to establish their relations 
with the mother country ; and they had even gone so 
far as to assent to the imposition of duties which were 
laid for these purposes. But still they had stoutly 
claimed that the Parliament had no right whatever to 
levy any internal tax without their assent. As early 
as the year 1G92, the General Court of Massachusetts 
Bay passed an act wherein they denied the existence 
of any such right. Subsequently to this the General 
Assembly of New York passed a similar resolution, 
wherein the supremacy of the Parliament was denied, 
not merely on the point of taxation, but with regard to 
legislation generally.* Now, the colonies generally con- 
tended, — " if a British Parliament, in which we are 
unrepresented and over which we have no control, can 
take from us any part of our property, by direct taxa- 
tion, they may take as much as they please and we 
have no security for anything that remains, but a for- 
bearance on their part, less likely to be exercised in our 
favor, as they lighten themselves of the burthens of 
government in the same proportion that they impose 
tliem upon us." Till this period no act had been passed 
by Parliament for the avowed purpose of raising a reve- 
nue. All the previous acts related to the regulation 
and establishment of their commerce, through which 
source alone their contributions to the support of the 
empire of Great Britain were sought to be derived. 
The causes which had operated to produce their ac- 
quiescence in the superintending control which had 
been thus exercised by Parliament, in the restrictions 
which were imposed by the Navigation Act, are very 
vividly pourtrayed in a speech delivered in Parliament 
at this time,t by Sir Edmund Burke. The colonists, 

* Kent. Story. t 17G4. 



120 GOVERNMENTAL HISTORY 

he saySj had submitted to these infringements upon 
their rights " because men do bear the inevitable con- 
"stitution of their nature with all its infirmities. The 
" Act of Navigation attended the colonies from their in- 
" fancy, grew with their growth and strengthened 
" with their strength. They were confirmed in their 
"obedience to it even more by usage than by law. 
" They scarcely had remembered a time when they 
" were not subject to such restraints. Besides they 
" were indemnified for it by a pecuniary compensation. 
" Their monopolist happened to be one of the richest 
" men in the world. By his immense capital — prima- 
" rily employed, not for their benefit, but his own — they 
" were enabled to proceed with their fisheries, their 
" agriculture, their ship-building — and their trade too in 
" the limits— in such a manner as got far the start of 
" the slow languid operations of unassisted nature. 
" This capital was a hot-bed to them. Nothing in the 
'•' history of mankind is equal to their progress. For 
" my part I never cast an eye on their flourishing com- 
"merce and their cultivated and commodious life, but 
" they seem to me rather ancient nations grown to per- 
" fection through a long series of fortunate events, and 
"a train of successful industry, accumulating wealth 
" in many centuries, than the colonies of yesterday ; 
" than a set of miserable outcasts a few years ago, not 
" so much sent as thrust out on the bleak and barren 
"shore of a desolate wilderness, three thousand miles 
"from all civilized intercourse. All this was done by 
"England, while England pursued trade and forgot 
" revenue. You not only acquired commerce, but you 
" actually created the very objects of trade in America ; 
"and by that creation you raised the trade of this king- 
" dom at least fourfold. America had the compensation 



OF THE UNITED STATES. 121 

"of your capital which made her bear her servitude. 
" She had another compensation which you are now 
" going to take away from her. She had — except the 
" commercial restraint — every characteristic mark of a 
"free people in all her internal concerns. She had the 
" image of the British Constitution — she had the sub- 
" stance. She was taxed by her own representatives, 
" she chose her own magistrates ; she paid them all. 
"She had in effect the sole disposal of her own internal 
" government. This whole estate of commercial servi- 
" tilde and civil liberty, taken together, is certainly not 
" freedom ; but comparing it with the ordinary circum- 
" stances of human nature, it is a happy and a liberal 
" condition." 

This address not only points out the causes of the 
submission of the colonies to the legislative powers ex- 
ercised over them by Parliament, but it also developes 
those which now inspired their resistance. As Ave have 
already observed, till now no act had been passed for 
the avow^ed purpose of raising a revenue. The word 
revenue had not been used in any of those acts which 
ran through a period of fourteen years,* it was avoided 
in all the laws respecting them, which always had refer- 
ence more particularly to trade, and not to revenue, and 
while these conduced to their rautaal advantage and 
promoted their welfare, they assented to the principle 
of commercial monopoly thus exercised by the parent 
state. But the Revenue acts were the introduction of 
a new, an altogether diflerent, a more oppressive, and 
an offensive policy. They were an innovation which 
aimed a fearful blow at the dearest and most sacred 
rights of the colonies. They were at war with what 
they had learned to regard as the very spirit and essence 

* 1660 to 1764. 
11 



122 GOVERNMENTAL HISTORY 

of civil liberty, the fundamental maxim of political 
freedom. They had grown up in the persuasion and 
belief that their own assemblies were to them what 
the parliament was to the people of England, and 
that taxation and representation were inherent and 
inseparable qualities of a free government. But if 
the principle involved in the Revenue Acts roused the 
opposition of the colonies, the manner in v/hich their 
provisions were sought to be enforced excited their bit- 
terest indignation and hostility. Jurisdiction over de- 
linquents was confined to a Court of Admiralty in En- 
gland. On the mere accusation, before any conviction 
they were to be transported over an ocean of three 
thousand miles, separated from their kindred, and coun- 
try, deprived of the opportunity of carrying on their 
business, by which their families were supported, and 
subjected to the trouble and expense of procuring the 
attendance in England of their own witnesses, or else 
v/ere condemned without the benefit of their testimony.* 
Thus they were deprived of the first right of English- 
men, trial by a jury of their own countrymen. Nor 
was this the only or full extent of the evil. — The Ad- 
miralty Judge receiving his appointment from, and 
holding his ofiice during the good pleasure of, the 
Crown, and withal deriving his compensation out of the 
penalties and forfeitures arising under his jurisdiction, 
could not be supposed to administer justice with an 
impartial hand. This act was followed by a Bill for 
laying Skimp duties in America, which was intro- 
duced by Lord Grenville in March 1765. It provided 
that instruments in writing which were used in all 
commercial transactions — contracts, conveyances, (fee, 
should be null and void unless they were executed on 

* Bisset. 



OP THE UNITED STATES. 123 

Stamped paper, or parchment, which paper or parch- 
ment was charged with a duty imposed by the ParUa- 
ment. Its introduction drew forth in defence of the po- 
sition taken by the colonies, or rather, in opposition to 
the violations of constitutional liberty which it con- 
tained, some of the ablest expositions of the principles 
of freedom which were ever made in the halls of the 
Parliament of England. 

Mr. Charles Townsend, one of the advocates of the 
Bill, in the conclusion of a speech in support of it said 
— " And now will these Americans, children planted 
by our care, nourished by our indulgence, till they are 
grown to a degree of strength and opulence, and pro- 
tected by our arms, will they grudge to contribute their 
mite to relieve us from the heavy weight of that burthen 
which we lie under?" Colonel Barre of the opposi- 
tion, replied, '' They planted by your care ? No, your 
oppression planted them in Am.erica. They fled from 
tyranny to a then uncultivated and inhospitable coun- 
try, where they exposed themselves to almost ail the 
hardships to which human nature is liable, and, among 
others, to the cruelties of a savage foe, the most subtle, 
and I will take upon me to say the most formidable of 
any people on the face of the earth ; and yet, actuated 
by principles of true English liberty, they met all 
hardships with pleasure compared with those they suf- 
fered in their own country from the hands of those who 
should have been their friends. They nourished by 
your indulgence? They grew up by your neglect of 
them. — As soon as you began to care about them, that 
care was exercised in sending persons to rule them in 
one department and another, who were perhaps, the 
deputies of deputies to some members of this House, 
sent to spy out their liberties, to misrepresent their ac- 



124 GOVERNENMTAL HISTORY 

tions, and to prey upon them — men whose behaviour 
on many occasions, has caused the blood of these sons 
of liberty to recoil within them — men promoted to the 
highest seats of justice, some who, to my knowledge, 
were glad, by going to a foreign country, to escape be- 
ing brought to the bar of a court of justice in their own. 
They protected by your arms? They have nobly 
taken up arms in your defence, have exerted a valour, 
amidst their constant and laborious industry, for the 
defence of a country whose frontier was drenched in 
blood, while its interior parts yielded its little savings 
to your emolument : and believe me, remember I this 
day told you so, that same spirit of freedom which 
actuated that people at first will accompany them still : 
but prudence forbids me to explain myself further. God 
knows, I do not at this time speak from any motives of 
party heat ; what I deliver are the genuine sentiments 
of my heart. However superiour to me in general 
knowledge and experience the respectable body of this 
House may be, yet I claim to know more of America 
than most of you, having seen and been conversant 
in that country. The people, I believe, are as truly 
lo^^al as any subjects the King has, but a people jeal- 
ous of their liberties, and who will vindicate them, 
if ever they should be violated ; but the subject is too 
delicate — I will say no more." Sir Edmund Burke on 
the part of the opposition to the Bill, rose and said — 
" The great contests for freedom in England were from 
the earliest times chiefly upon the question of taxing. 
On this point of taxes the ablest pens and most eloquent 
tongues have been exercised ; the greatest spirits have 
acted and suffered. In order to give the fullest satisfac- 
tion concerning the importance of this point, it was not 
only necessary for those who in argument defended the 



OF THE UNITED STATES. 125 

excellence of the English constitution to insist on this 
privilege of granting money as a dry point of fact, and to 
prove that the right- had been acknowledged in ancient 
parchments and blind usages to reside in a certain body 
called a House of Commons. They went further ; 
they attempted to prove, and they succeeded,' that in 
theory it ought to be so, from the very nature of a 
House of Commons as an immediate representative of 
the people ; whether the old records delivered this 
oracle or not. They took infinite pains to inculcate, 
as a fundamental principle, that in all monarchies the 
people must in effect themselves mediately or imme- 
diately possess the power of granting their own money, 
or no shadow of liberty could subsist. The colonies 
draw from you, as with their life blood, these ideas and 
principles, Their love of liberty as with you, is fixed, 
and attached on this specific point of taxing. Liberty 
might be safe, or might be endangered in twenty other 
particulars without their being much pleased or alarmed. 
Here they felt its pulse, and as they found that beat 
they thought themselves sick or sound. And your 
mode of governing them, whether through lenity or 
indolence, through wisdom or mistake, confirmed them 
in the imagination that they as well as you had an iji- 
terest in these common principles." 



CHAPTER IT. 

The first Charles attempted during his reign to 
levy ship-money and other taxes, without the inter 



126 GOVERNMENTAL HISTORY 

vention of a Parliament, and the attempt was resisted 
as an infringement of the liberties of the people, as 
well as a violent invasion of the rights secured to 
them by the English Constitution. It involved him in 
a passionate controversy with his subjects which termi- 
nated only in bringing his head to the block. James 
II. undertook to exercise a similar policy, but it resulted 
in his expulsion from the throne, and a transfer of his 
crown to the Prince and Princess of Orange. These 
disastrous conflicts between the liberties of the people on 
the one side, and the assumed prerogatives of royalty on 
the other, convulsed the kingdom, and ended only in the 
establishment in England of these fundamental prin- 
ciples — '' That it was the undoubted right of En- 
glish subjects, being freemen or free-holders, to give 
their property only by their own consent, that the 
House of Commons exercised the sole right of granting 
the mxoney of the people of England because that House 
alone represented them ; that the taxes were the free 
gifts of the people to their rulers ; tliat the authority of 
the Sovereigns was to be exercised only for the good of 
their subjects ; tJiat it was the right of the people peac- 
ably to meet together and consider their grievances, 
and to petition for a redress of them, and if intolerable 
grievances were unredressed, if petitions and remon- 
strances failed to produce relief, they had the right to 
seek it by forcible means."* While these struggles 
were going on in England the colonies were forming 
in America, and they had imbibed and cherished all 
these notions of liberty. '• It must have been sup- 
posed," says Governor Bernard of Massachusetts " that 
such an innovation, as a parliamentary taxation, would 
cause great alarm, and meet with much opposition in 

* Winterbotham. 



op THE UNITED STATES. 12?' 

most parts of America ; it was quite new to the people, 
and had no visible bounds to it." 

Petitions were sent to the King, and remonstrances 
were addressed to the Parliament, by the several Colo- 
nial assemblies, through the medium of the Board of 
Trade in Loridon ; but they were ungraciously re- 
ceived, the mad measure was persisted in, and the 
" Simnj) Act " was passed. The publication of it 
in America produced the greatest excitement. The 
General Assembly of Virginia, being in session at the 
time, passed the following resolutions, which were the 
first published in the Colonies with reference to this 
measure. 



^' Whereas, The Honorable House of Commcns, in England, has 
of late drawn into question how far the General Assembly of this col- 
ony hath power to enact laws for laying taxes and imposing duties, pay- 
able by the people of this his Majesty's most ancient colony ; for settling 
and ascertaining the same to all future times, the house of Burgesses of 
the present General Assembly have come to the several following reso- 
lutions : 

Resolved, That the first adventurers and settlers of this his Ma- 
jesty's colony and dominion of Virginia, brought with them, and trans- 
mitted to their posterity, and all others his Majesty's subjects since 
inhabiting in this his Majesty's colony, all the privileges and immunities 
that have at any time been held, enjoyed, and possessed by the people 
of Great Britain. 

Resolved, That by two royal charters, granted by King James I., 
the colonies aforesaid are declared entitled to all the privileges of den- 
izens, and natural born subjects, to all intents and purposes as if they 
had been abiding and born within the realm of England. 

Resolved, That the taxation of the people by themselves, or by per- 
sons chosen by themselves to represent them, who can only know what 
taxes the people are able to bear, and the easiest mode of raising them, 
and are equally affected by such taxes themselves, is the distinguished 
characteristic of British freedom, and without which the ancient consti- 
tution cannot subsist. 

Resolved, That his Majesty's liege people of this most ancient 
colony have uninterruptedly enjoyed the right of being thus governed 



128 GOVERNMENTAL HISTORY 

by their own assembly in the article of their taxes and internal police, 
and that the same hath never been forfeited, nor in any other way yielded 
up, but hath been constantly recognized by the King and people of 
Great Britain. 

Resolved, Therefore, That the General Assembly of this colony 
have the sole power to lay taxes and impositions upon the inhabitants 
of this colony, and that every attempt to vest such a power in any per- 
son or persons whatsoever, other than the General Assembly aforesaid, 
has a manifest tendency to destroy British as well as American freedom. 

Soon after the passage of these resolutions the As- 
sembly adjourned, and writs were issued directing a 
new election of Burgesses. Those who had voted for 
these resolutions were unanimously re-elected, while 
those who had opposed them were defeated. Resolutions 
proclaiming the same doctrines, and breathing a similar 
spirit, were also passed by the Assemblies of New 
York, Massachussetts Bay, and most of the other 
colonies, as they convened. Town meetings were 
everywhere held and the Representatives of the people 
were instructed to oppose the Stamj) Act. The follow- 
ing, addressed tv) the representative of the town of Ply- 
mouth in Massachussetts Bay, by his constituents, are 
interesting not only for the spirit which they breathe 
and the sentiments which they contain, but also as 
illustrations of the causes of that hostility to the proceed- 
ings of Parliament which pervaded the colonies. 

You, Sir, represent a people who are not only descended from the 
first settlers of this country, but inhabit the very spot they first possess- 
ed. Here was first laid the foundation of the British Empire in this 
part of America, which, from a very small beginning, has increased and 
spread in a manner very surprising, and almost incredible, espeqally 
when we consider that all this has been effected without the aid or as- 
sistance of any power on earth ; that we have defended, protected, and 
secured ourselves against the invasions and cruelties of savages, and the 
subtlety and inhumonity of our inveterate and natural enemies, the 
French ; and all this without the appropriation of any tax by stamps, or 



OF THE UNITED STATES. 129 

stamp acts, laiJ upon our fellow-subjects, in any part of the King's do- 
minions, for defraying the expense thereof. This place, Sir, was at first 
the asylum of liberty, and we hope will ever be preserved sacred to it, 
though it was then no more than a barren wilderness, inhabited only by 
savage men and beasts. To this place our fathers — whose memories be 
revered — possessed of the principles of liberty in their purity, disdaining 
slavery, fled to enjoy those pi ivileges, which they had an undoubted right 
to, but were deprived of by the hands of violence and oppression in their 
native country. We, Sir, their posterity, the freeholders and other in- 
habitants of this town, legally assembled for that purpose, possessed of 
the same sentiments, and retaining the same ardor for liberty, think it 
our indispensable duty, on this occasion, to express these our sentiments of 
the Stamp Act and its fatal consequences to this country^ and to enjoin 
upon you, as you regard not only the welfare, but the very being of this 
people, that you — consistent with our allegiance to the King, and rela- 
tion to the government of Great Britain — disregarding all proposals for 
that purpose, exert all your power and influence in opposition to the 
Stamp Ad, at least till we hear the success of our petitions for relief. 
"VVe likewise, to avoid disgracing the memories of our ancestors, as well 
as the reproaches of our own consciences, and the curses of posterity, 
recommend it to you, to obtain if possible, in the Honorable House of 
Representatives of this Province, a full and explicit assertion of our 
rights, and to have the same entered on their public records, that all 
generations yet to come may be convinced, that we have not only a just 
sense of our rights and liberties, but that we never, with submission to 
Divine Providence, will be slaves to any power on earth. 

At this crisis it Avas resolved in the Assembly of 
Massachusetts Bay that it was expedient to convene a 
general congress of delegates from the several colonies, 
in order to consult as to the most advisable mode of 
meeting the exigencies of the coimtry. Circulars were 
accordingly addressed to the several Assemblies of the 
colonies recommending that such a convention should 
be held in the city of New York, on the first Monday 
of October then next.* South Carolina was the first 
colony south of New England which acceded to this 
proposal for a continental union. The influence of her 

* 1765. 



130 GOVERNMENTAL HISTORY 

example served to allay the apprehensions of those colo- 
nies which doubted the expediency of the measure. 
Twenty-eight delegates met at the time and place ap- 
pointed, from the colonies of Massachusetts, Rhode 
Island, Connecticut, New York, Neav Jersey, 
Pennsylvania, Delaware, Maryland, and South 
Carolina. The Governors of Virginia, North 
Carolina, and Georgia interfered and prevented 
those colonies from sending delegates ; but they each 
forwarded' petitions and resolutions, in which they 
strongly insisted upon the unconstitutionality of the 
Stamp Act. This Congress drew up a petition to the 
crown, stating their grievances, a petition to the House 
of Lords, and a memorial to the House of Commons. 
They also published a Declaration of Rights, which, 
as it contains a full exposition of the grievances com- 
plained of, and the rights which they asserted, and also 
exhibits their true position towards the mother coun- 
try at this stage of the controversy, necessarily becomes 
a part of our history. 

Declaration of Rights by the Colonial 
Congress.* 

The members of this Congress sincerely devoted with the warmest 
sentiments of affection and duty to His Majesty's person and govern- 
ment, inviolably attached to the present happy establishment of the Pro- 
testant succession, and with minds dcepl}'^ impressed by a sense of the 
present and impending misfortunes of the British colonies on this conti- 
nent, having considered, as maturely as time will permit, the circum- 
stances of the said colonies, esteem it our indispensable duty to make 
the following declarations of our humble opinion respecting the most es- 
sential rights and liberties of the colonists, and of the grievances under 
Vv'hich they labour, by reason of several late Acts of Parliament. They 
declare therefore, 

♦ New York, 1765. 



OF THE UNITED STATES. 131 

I, That his Majesty's subjects in these colonies, owe the same alle- 
giance to the crown of Great Britain that is owing from his subjects 
born within the realm, and all due submission to that body the parlia- 
ment of Great Britain. 

If. That his Majesty's liege subjects in these colonies are entitled to 
all the inherent rights and liberties of his natural horn subjects within 
the kingdom of Great Britain. 

III. That it is inseparably essential to the freedom of a people, and 
the undoubted right of Englishmen, that no taxes be imposed on them 
but with their own consent, given personally or by their representatives, 

IV. That the people of these colonies are not, and, from their local 
circumstances, cannot be represented in the House of Commons in 
Great Britain. 

V. That the only representatives of these colonies are persons chosen 
therein by themselves, and that no taxes ever have been, or can be con- 
stitutionally imposed upon them, but by their respective legislatures. 

VI. That all supplies to the Crown being free gifts from the people, 
it is unreasonable, and inconsistent with the principles and spirit of the 
British Constitution, for the people of Great Britcdn to grant to his Ma- 
jesty the property of the colonies. 

VII. That trial by jury is the inherent and invaluable right of every 
British subject in these colonies. 

VIII. That the late act of Parliament, entitled "An act for granting 
and applying certain stamp duties, and other duties, in the British Colo- 
nies and Plantations in America, &c." by imposing taxes on the inhabi- 
tants of these colonies ; and the said acts, and several other acts, by ex- 
tending the jurisdiction of Courts of Admiralty beyond its ancient limits, 
have a manifest tendency to subvert tlie rights and liberties of the colo- 
nists. 

IX. That the duties imposed by several late acts of Parliament, from 
the peculiar circumstances of these colonies, will be extremely burden- 
some and grievous ; and from the scarcity of specie, the payment of them 
absolutely impracticable. 

X. That as the profits of the trade of these colonies ultimately centre 
in Great Britain, to pay for the manufactures which they a'-e obliged to 
take from thence, they eventually contribute very largely to all supplies 
granted to the Crown. • 

XI. That the restrictions imposed by several late acts of Parliament 
on the trade of these colonies, will render them unable to purchase the 
manufactures of Great Britain. 

XII. That the increase, prosperity, and happiness of these colonies 
depend on the full and free enjoyment of their rights and liberties, and 



132 GOVERNMENTAL HISTORY 

an intercourse with Great Britain mutually afTectionate and advanta- 
geous. 

XIII. That it is the right of the British subjects in these colonies to 
petition the King, or either House of Parliament, 

XIV. That it is the indispensable duty of these colonies, to the best 
of Sovereigns, to the mother country, and to themselves, to endeavor, by 
a loyal and dutiful address to his Majesty, and humble application to 
both houses of Parliament, to procure the repeal of the act for granting 
and applying certain stamp duties; of all clauses of any other acts of 
Parliament, whereby the jurisdiction of the Admiralty is extended as 
aforesaid ; and of the other late acts for the '•estriction of American com- 
merce.' 

These proceedings were made public after their ad- 
journment, were transmitted to the several colonies, 
and were generall}?' commended and approved by the 
people. The spirit which had animated the delibera- 
tions of the Congress was universally diffused through- 
out the colonics, and in all parts of the country ex- 
hibited itself in various hostile expressions of their in- 
dignant sense of outrage. The officers appointed to 
enforce the collection of the Stamp duties were burned 
in efiigy, their offices were demolished, and they were 
obliged to resign their office or quit the country. Ban- 
ners were evcr^^where displayed with the inscription, 
Liberty and iproferty forever^ and no Stamps. In 
Philadelphia, and other towns, on the arrival of the 
Stamps, the flags in the harbor were placed at half mast, 
the bells were mnffied and tolled during the day, and 
the citizens put on the habiliments of mourning. Like 
scenes were enacted in "Virginia, Maryland and New 
York. In Boston a paper w«s issued called The Con- 
stitutional Courantj with the device of a snake cut into 
eight pieces, the head bearing the initials N. E. for New 
England, and the other parts the initials of New York, 
New Jersey, Pennsylvania, Maryland, North and South 
Carolinaj with the motto " Joi7i or dle.''^ A handbill 



OF THE UNITED STATES. 133 

was also posted at the corners of the streets, and in all 
places of public resort, in large capitals, bearing the fol- 
lowing inscription : 

Pro Patria. 
The first man that either distributes or makes use of Stamped paper let 
him take care of his house, person and effects — We dare 

Vox POPULI. 

In New Hampshire, on the morning of the day on 
which this act was to take eflect, at sunrise, the bells 
began to toll. The people gathered as for a funeral 
procession. Eight persons bore on their shoulders a 
coffin inscribed Liberty, and which was supposed to 
contain her remains. Accompanied with the discharge 
of minutes-guns, the crowd moved slowly and mourn- 
fully to the place of interment. When they came to 
the grave a funeral oration was pronounced, and the 
coffin was lowered with deep solemnity, when, sud- 
denly, signs of aj^iimation were discovered ; the coffin 
was raised and inscribed Liberty Revived. Shouts 
and acclamations, the cheerful sound of the trumpet, 
the noise of the drum mingling with the lively peal of 
the bells, announced the joyful event, and reinspired 
the desponding hopes of the people.* 



CHAPTER V. 

There is nothing so forcible, so powerfully expres- 
sive of the spirit which pervaded the colonies at this 
time, as these various modes in which it was exhibited. 

* Butler. 

12 



134 GOVERNMENTAL HISTORY 

There are none of the uses of language so significant. 
They were not the wild and incoherent ebullitions of a 
lawless mob or an infuriated populace, for they were 
devised by men of character, station, and influence, and 
were everywhere conducted with decency and decorum. 
They w^ere solemn and rational indications of a sense 
of real, deep, felt oppression, and addressed themselves 
to the noblest and best sympathies of our nature. The 
people went on regularly in the transaction of business 
in their courts, and in all the departments of trade and 
commerce, and printed and circulated their newspapers, 
without using stamped paper, as if no such act had been 
passed. Associations for the non-importation of British 
manufactures were formed by the merchants of New 
York, which were to continue until the Stamp Act 
was repealed. Their example was followed by the 
merchants of Boston, Philadelphia, and other sea-port 
towns. Committees were appointed by these several 
Associations to inspect British cargoes, and to report 
those of their constituents who traded in or purchased 
the articles prohibited ; and the transgressors were cen- 
sured not only, but their names were published in the 
public papers, and they were proclaimed odious.* Arti- 
cles of Union were entered into between New York 
and Connecticut, in which they expressed their alle- 
giance to the Crown, and their strong attachment to 
the parent state. They declared that they had united 
only to defend themselves against the wrongs sought 
to be inflicted by Parliament, and seem not to have 
thought of a separation from the Crown. The colonies 
of Massachusetts Bay and New Hainipstiire soon 
acceded to this union, and it gradually extended its in- 
fluence till ultimately it embraced all the colonies. 

* Bissett. 



OP THE UNITED STATES, 135 

Tlie swell o^ this mighty torrent of indignation spread 
across the Atlantic. At its tumultuous murmur the 
throne trembled and the kingdom was convulsed. The 
check given to the commercial intercourse between the 
two countries, stopped the manufacturing establish- 
ments and extensively embarrassed the interests of 
trade in England, while it threw thousands out of em- 
ployment, who were thus enlisted in favor of the claims 
of America. In the meantime a revolution was made in 
the British Cabinet. The new administration felt that 
measures had been pushed to a fearful crisis, and that 
it was time to pause, to deliberate upon the conse- 
quences which might ensue upon their further prosecu- 
tion. This seemed the only, perchance the last mo- 
ment for conciliation. The weight of a feather in the 
scale of policy might sever forever the tie which bound 
the colonies to the mother country, and alienate irre- 
coverably their allegiance to the Crown. The King, 
in his address, recommended conciliatory measures. 
On moving for the address Mr. Pitt said — '' My position 
is this — I repeat it, I will maintain it to my last hour — 
taxation and representation are inseparable. This po- 
sition is founded on the laws of nature. It is more. It 
is itself an eternal law of nature. For whatever is a 
man's own, is absolutely his own — no man has a right 
to take it from him without his consent. Whoever at- 
tempts to do it, attempts an injury,— whoever does it, 
commits robbery. You have no right to tax America ; 
I rejoice that America has resisted. Three millions of 
our fellow subjects so lost to every sense of virtue, as 
tamely to give up their liberties, would be fit instru- 
ments to make slaves of the rest." , He further insisted 
that taxation was no part of the governing power, but 
that taxes were the free gift and grant of the represeu- 



136 GOVERNMENTAL HISTORY 

tatives of the people alone. He closed this able and 
eloquent defence of the position taken by the colonies, 
by moving — " that the Stamp Act be repealed, absolute- 
ly, totally, and immediately — at the same time let the 
sovereign authority of tliis country over the colonies, 
be asserted in as strong terms as can be devised, and 
be made to extend to every point of legislation whatso- 
ever ; that we may bind their trade, confine their man- 
ufactures, and exercise every power, except that of 
taking their money out of their pockets without their 
consent." The new ministry generally coinciding in 
Mr. Pitt's sentiments, the Stamp Act was repealed on 
the 18th day of March, 1766. 

In the more northern and commercial colonies the 
controversy had not been confined to the provisions of 
the Stamp Act, but embraced also the principle of 
Parliamentary interference in the regulation of their 
trade. Yet in all of them the intelligence of the repeal 
of the Sta7np Act was received with great joy. Let- 
ters, addresses, resolutions, and public thanksgivings, 
expressed their grateful acknowledgments. Their hos- 
tile measures were at once suppressed. They revived 
their commercial interpourse, and, to use the expressive 
language of their own Congress, " fell into their ancient 
state of unsuspecting confidence in the mother coun- 
try." But their confidence and their rejoicing were but 
momentary. The branch cast into the bitter waters 
had no healing virtues. When the Act of Conciliation 
reached the colonies it was found to be unsatisfactory. 
The reasons which were given for the repeal of the 
Stamp Act, as stated in the preamble of the Act, were, 
" that the collecting the several duties and revenues, 
as by the said Act was directed, would be attended with 
many inconveniences, and productive of consequences 



OF THE UNITED STATES. 137 

dangerous to the commercial interests of this kingdom" 
— while in its declaratory provisions was the more ob- 
noxious clause, " Parliament has, and of right ought to 
have, power to bind the colonies in all cases whatever." 
Thus in the same breath which repealed the Sta?np 
Act, asserting the very principle which had rendered 
that act in itself so odious. This principle was sought 
again to be enforced by a Bill introduced into Parlia- 
ment by Mr. Charles Townshend,* which imposed 
duties on "glass, paper, painters' colours, and teas, im- 
ported into America," part of the proceeds of which 
were to be appropriated to the payment of the officers 
of government. This measure was regarded as equally 
unconstitutional with the Stamp Act, and revived, 
with increased bitterness and boldness, all the indigna- 
tion and resentment of the colonies. They now grew 
suspicious of the designs of the ministry of Great Britain, 
and entered into the controversy with a more inde- 
pendent hostility. It was urged that " the taxes are 
small." It was replied, " the principle is the same, and 
we contend for the principle." Papers, pamphlets, and 
periodicals were published, setting forth in a clear, dis- 
tinct, and forcible light, the rights of the colonies, and ex- 
posing, with a master skill, the odious doctrines which 
were concealed under the guise of" small taxes." Never 
were the principles of civil liberty so clearly set fortli, 
so luminously illustrated, or so ably advocated, as by the 
American statesmen and patriots of that day, while the 
justice of their reasoning was freely acknowledged by- 
all liberal and unprejudiced minds in the mother coun- 
try. The genera] language of the colonies was " we 
are not permitted to import from any nation, other than 
our parent state, and have been in some cases by her 
♦ 1767. 
12* 



138 GOVEtlNMEls;TAL HISTORY 

restrained from manufacturing for ourselves, and she 
claims a right to do so in every instance which is in- 
compatible with her interests. To these restrictions 
we have hitherto submitted. But she now rises in her 
demands, and imposes duties on those commodities, the 
purchasing of which elsewhere than at her market, her 
law forbids, and the manufacturing of which for our 
own use, she may, any moment she pleases, restrain. 
If her right is valid to lay a small tax\ it is equally so 
to lay a large one, for, from the nature of the case, she 
must be guided exclusively by her own opinions of our 
ability, and of the propriety of the duties she may im- 
pose. Nothing is left for us but to complain or pay. 
We must abstain entirely from using those articles, 
which caimot be dispensed with, or we must pay a tax 
imposed without our consent." They again addressed 
their petitions, remonstrances, and appeals to the crown, 
the Parliament, and the people of England. But these 
produced no salutary impressions. Their appeals were 
suppressed, their petitions were disregarded, and their 
remonstrances were put under the table. On the 
twenty-seventh of May,* Parliament enacted "a bill for 
'•restraining the Assembly of New York from passing 
" any Act, until they had complied with the Act of 
"Parliament for furnishing his Majesty's troops with 
" necessaries, required by said Act." This was adding 
insult to injustice ; an attempt to force tlie colonial 
legislature to provide for the maintenance of an army 
quartered upon them to punisli, at the point of the 
bayonet, their hostility to the " Revimte ActP 

The effect generally produced by this ordinance of 
Parliament, as well as the quick sympathy, nnd unity 
of purpose, which existed throughout the colonies, are 
* 1767. 



OF THE UNITED STATES. 139 

well illustrated in a letter sent from the House of Bur- 
gesses of Virginia to the General Court of Massachu- 
setts Bay, in reply to a circular issued by the latter, 
which we shall presently notice. That letter reads, 
" the Act suspending the legislative power of New 
York we consider as still more alarming to the colo- 
nies, though it has that single Province in view. If 
Parliament can compel them to furnish a single article 
to the troops sent over, tliey may, by the same rule, 
oblige them to furnish clothes, arms, and every other 
necessary, even the pay of the officers and soldiers — a 
doctrine replete with every mischief, and utterly sub- 
versive of all that is dear and valuable. For what ad- 
vantage can the people of the colonies derive from 
choosing their own representatives, if these representa- 
tives, when chosen, be not permitted to exercise their 
own judgments, be under a necessity — on pain of being 
deprived of their legislative authority — of enforcing the 
mandates of a British Parliament." In the following 
year* the General Court of Massachusetts Bay addressed 
letters to several members of the administration in 
England, and also prepared a circular address to be 
transmitted to the speaker of the Assembly of each of 
the several colonies in America. The sentiments con- 
tained in this circular were readily responded to 
throughout the country, and it presents so just and 
comprehensive a view of the position assumed by all 
of the colonies, that we consider it due to the design of 
this work to insert it here. It proceeds : 

Sir, — The House of Representatives of this Province, have taken into 
their consideration the difficulties that must accrue to themselves and 
their constituents, hy the operation of the several acts of Parliament, im- 
posing duties and taxes on the American colonies. As it is a subject in 
which every colony is deeply interested, they have no reason to doubt 
but your House is duly impressed with its importance, and that such con- 
♦ 1768. 



140 GOVERNMENTAL HISTORY 

stitutional mrapuros will be come into as are proper. It seems to be ne- 
cei-sary that all post^ible care should be takt-n that the representatives of 
the several Assemblies, upon so delicate a point, should harmonize w^ith 
each other. The House, therefore, hopes that this letter will be candidly 
considered in no other light than as expressing a disposition freely to 
communicate their mind to a sister colony, upon a common concern, in 
the same manner as they would be glad to receive the sentiments of your 
or any other House of Assembly on the continent. The House have 
humbly represented to the mmistry their own sentiments; that his Ma- 
jesty's High Court of Parliament is the supreme legislative power over 
the whole empire; that in all free states the constitution is fixed ; and, 
as the supreme legislative derives its power and authority from the con- 
stitution, it cannot overleap the bounds of it without destroying its foun- 
dation ; that the constitution ascertains and liiuits both sovereignty and 
allegiance; and, therefore, his Majesty's American subjects, who ac- 
knowledge themselves bound by the ties of allegiance, have an equitable 
claim to the full enjoyment of the fundamental rules of the British Con- 
stitution; that it is an essential, unalterable right in nature, ingrafted 
into the British Constitution as a fundamental law, and ever held sa- 
cred and irrevocable, by the subjects within the realm, that what a man 
hath honestly acquired is absolutely his own, which he may freely give, 
but which cannot be taken from him without his consent; that the 
American subjects may therefore, exclusive of any consideration of char- 
ter rights, with a decent firmness, adapted to the character of freemen 
and subjects, assert this natural and constitutional right. It is more- 
over their humble opinion, which they express with the greatest def- 
erence to the wisdom of the Purliamt-nt, that the acts made there, impos- 
ing duties on the people of this Province, with the sole and express pur- 
pose of raising a revenue, are infringements of their natural and consti- 
tutional rights; because, as they are not represented in the British Par- 
liament, his Majesty's Commons in Britain, by those acts, grant their 
property without their consent. This House arc further of the opinion 
that their constituents, consi<lering their local circumstances, cannot by 
any possibility be represented in the Parliament; and that it will forever 
be impracticable that they should be equally represented there, and con- 
sequently not at all, being separated by an ocean of a thousand leagues; 
that his Majesty's royal predecessors, for this reason, were graciously 
pleased to form a subordinate legislative here, that their subjects might 
enjoy the inalienable right of a representation. Also, that, considering 
the utter impracticability of their ever being fnlly and equally repre- 
sented in Parliament, and the great expense that must unavoidably at- 
tend even a partial representation there, this House think, that a taxa- 
tion of their constituents, even without their consent, grievous as it is, 



OP THE UNITED STATES. 141 

woultl be preferable to any representation that could be admitted for 
them there. 

Upon these principles, and also considering that were the right in the 
Parhament ever so clear, yet for obvious reasons it would be beyond the 
rule of equity that their constituents should be taxed on the manufac- 
tures of Great Britain here, in addition to the duties they pay for them 
in England, and other advantages arising to Great Britain from the acts 
of trade, this House have preferred a humble, dutiful, and loyal pe- 
tition to our most gracious Sovereign, and made such representations to 
his Majesty's ministers as they apprehend would tend to obtain redress. 
They have also submitted to consideration, whether any people can be 
said to enjoy any degree of freedom, if the Crown, in addition to its un- 
doubted authority of constituting a Governor, should appoint him such 
a stipend as it shall judge proper, without the consent of the people, and 
at their pxpense; and whether, while the judges of the land, and other 
civil officers, hold not their commissions during good behaviour, their 
having salaries appointed for them by the Crown, independent of the 
people, hath not a tendency to subvert the principles of equity, and en- 
danger the happiness and security of the subject. In addition to these 
measures the House have written a letter to their agent, Mr. de Berdt, 
the sentiments of which he is directed to lay before the ministry; where- 
in they take notice of the hardship of the act for preventing mutiny and 
desertion, which requires the Governor and Council to provide enume- 
rated articles for the King's marching troops, and the people to pay the 
expanse. And also the commis.sion of the gentlemen appointed Com- 
missioners of the Customs to reside in j^mrrica, which authorizes them 
to make as many appointments as they think fit, and to pay the appoin-. 
tees what sums they please, for whose malconduct they are not account- 
able; from whence it may happen that officers of the Crown may be 
multiplied to such a degree as to become dangercus to the liberties of the 
peo[)le, by virtue of a commission which doth not appear to this House 
to derive any such advantages to trade as many have been led to expect. 

The.^e are the sentiments and procedure of this House, and as tliey 
have too much reason to believe that the enemies of the colonies have 
represented them to his Majesty's ministers an<l the Parliament, as fac- 
tious, disloyal, and having a disposition to make themselves independent 
of the mother country, they have taken occasion, in the most humble 
. terms, to assure his Majesty and his ministers, that, with regard to the 
people of this Province, and they doubt not of all the colonies, the charge 
is unjust. The House is fully satisfied that your Assembly is too gene- 
rous and enlarged in sentiment to believe that this letter proceeds from 
an ambition of taking the lead, or dictating to the other Assemblies. 
They freely submit their opinion to the judgment of others, and shall 



142 GOVERNMENTAL HISTORY 

take it kind in your House to point out to them anything further that 
may be thought necessary. This House cannot conclude without ex- 
pressing their firm confidence in the King, our common head and father, 
that the united and dutiful supplications of his distressed American sub- 
jects will meet with his royai and favorable acceptance. 

Province op Massachusetts Bay, Feb. 11. 17G8. 

A general union was again formed suspending the 
importation of all British mannfactures. The badge 
of their associations contained the expressive sentiment 
vnited we conquer^ divided we die. In accordance 
with resolutions adopted on the occasion, goods sent 
from the mother country were at once reshipped. 



CHAPTER VI. 

While such was the aspect of affairs in America,* 
Lord Hillsborough, the then Secretary of State for 
the colonies, wrote to Lord Boutetourt the Governor 
of Virginia, instructing him that it was not the design 
of the present administration to impose any fnrther 
taxes on America, but that it was intended at the next 
session of Parliament to propose to take off the duties 
on glass, paper, and colonics, inasmuch as they had been 
imposed contrary to the true principles of commerce: 
In communicating these instructions to the General 
Assembly of Virginia the Governor said, " it may be 
objected that as his Majesty's present administration 
are not immortal, their successors may be inclined to 
attempt to undo what the present ministers shall have 
attempted to perform. And to that objection I can 
give but this answer, that it is my firm opinion that 

* May, 17G9. 



OF THE UNITED STATES. 143 

the plan I have stated to you will certainly take place ; 
that it will never be departed from ; and so determined 
am I forever to abide by it, that I will be content to be 
declared infamous if I do not to the last hour of my 
life, at all times, and in all places, and upon all occa- 
sions, exert every power with which I either am or 
ever shall be legally invested, in order to obtain and 
maintain for the continent of America, that satisfaction 
which I have been authorised to promise this day by 
the confidential servants of our gracious Sovereign, 
who, to my certain knowledge, rates his honor so high 
that he would ratlier part with his crown than preserve 
it by deceit." These assurances, emanating from so 
distinguished a source, were confided in by the colo- 
nies, and for a while produced a partial relaxation of 
their hostile measures. The compact of non-importa- 
tion which they had formed, however, producing great 
suffering and embarrassment among the manufecturers 
and merchants in England, those classes united in 
endeavouring to procure a repeal of the Act. The 
home opposition thus arraye-d against the measures 
which had been pursued, was too powerful to be dis- 
regarded, while the proceedings in America were be- 
coming more and more alarming. A Bill w^as accord- 
ingly introduced into Parliament* by Lord North, which 
afterwards passed into a law, repealing part of the 
duties imposed by the recent Revenue Act, leaving 
only a tax of three pence jjer pound upon tea. On 
this event the commercial intercourse between the two 
countries was revived in all other articles except tea. 
In the mean while the principles of constitutional lib- 
erty for which they had been contending were more dis- 
passionately considered by all parties in America. The 

* March, 1770. 



144 GOVERNMENTAL HISTORY 

people became more generally informed of their rights, 
and began to understand their true position and relations 
with the mother country. A careful investigation of their 
intercolonial relations discovered to them the injustice 
of many of those Parliamentary restrictions to which 
they had liitlierto submitted without complaint, while 
they found that they had contributed, and were annu- 
ally contributing, more towards the support of the gov- 
ernment and the people of England, than her own 
home-resident subjects.* They therefore watched with 
a more inquisitive spirit all the proceedings of the Par- 
liament. Under these circumstances it required a pru- 
dent and cautious administration of affairs to preserve 
the conciliatory spirit which followed the Act of 1770. 
Had such been the character of the measures adopted 
by the British ministry, the discontent and dissatisfac- 
tion which had heretofore involved them in so r;ide a 
controversy with the colonies, might entirely and per- 
haps forever have subsided. Though the Americans 
generally were opposed to the tea duties, yet the article 
continued to circulate in the commercial market of the 
southern and middle colonies, and was gradually work- 
ing its way into those of New England, except only 
in Massachusetts Bay. 

It was, however, afterwards proposed by the Ministry 
of Great Britain, to authorize the East India Company, 
by Act of Parliament, to export their teas directly to 
America without paying any duties in England.! The 
promulgation of this scheme, whereby lieavy penalties 
were provided for enforcing the collection of these duties, 
was the parent of that lasting discord which terminated 
onl}^ in the severance of the colonies from all dependance 
on the crown of England. Under the provisions of this 

* Winterbutham. Bisset. Burke. + 1773. 



OF THE UNITED STATES. 145 

act a cargo arrived in the port of Boston in the fall of 
the year. While tlie vessels were approaching the har- 
bour a town meeting was held, and a committee was 
appointed to wait on the Consignees of these shipments, 
and persuade them to give the Captains the proper dis- 
charo-e and send the teas back ao^ain to Eudand, which 
they declined doing. At a subsequent m^eeting, held 
in Fanueil Hall, it was moved " that the tea should 
not be landed, that no duty should be paid, and that it 
should be sent back in the same bottoms." While this 
motion was pending Mr. Q^uincy arose and addressed 
the meeting in a strain of eloquence truly thrilling, and 
prophetic — " It is not," said he " Mr. Moderator, it is not 
the spirit that vapors in these halls that must stand us 
in stead. The exertions of this day will call forth 
events which will make a very differeut spirit neces- 
say for our salvation. Whoever supposes that shouts 
and hosannahs will terminate the trials of the day, en- 
tertains a childish fancy. We must be grossly igno- 
rant of the importance and value of the prize for which 
we contend ; wc must be equally ignorant of the power 
of those who have combined against us ; we must be 
blind to that malice, inveteracy, and insatiable revenge, 
which actuate our enemies, public and private, abroad 
and in our bosoms, to hope that we shall end this contro- 
versy without the sharpest, .sharpest conflicts. It is idle 
to flatter ourselves that popular resolves, popular ha- 
rangues, popular acclamations, and popular vapour, will 
vanquish our foes. Let us consider the issue, let us look 
to the end. Let us weigh and consider, before we ad- 
vance to those measures which nmst bring on tlie most 
trying and terrible struggle this country ever saw." 
This address shows how deeply and how seriously the 
ruling spirits of that day had revolved the aspect of 
' 13 



146 GOVERNMENTAL IIISTORY 

affairs throughout the country. The motion was again 
made after Mr. Quincy sat down, and the resolution 
passed without a dissenting voice. The assembly im- 
mediately adjourned, and the people became apprehen- 
sive that it Avas the intention of the Governor and Con- 
signees to land the tea privately. A large concourse 
of citizens accordingly assembled on the wharf,* where 
several persons habited in the guise of Mohawk Indians, 
went on board of the ships and threw their cargoes, con- 
sisting of three hundred and forty-two chests of tea, into 
the sea. 



CHAPTER VII. 

The s; ipments of the East India Company to New- 
York and Philadelphia were not permitted to be landed. 
Those to South Carolina were landed but not allowed 
to be sold. The resistance offered to them, how- 
ever, assumed a more violent character at Boston than 
elsewhere, and the enactments of Parliament were now 
directed more particularly to that city. At its next 
sessiont a Bill passed which was called the Bos- 
ton Port Bill. The Assembly and the Custom House 
was removed from Boston to Salem, armed vessels were 
stationed in her harbour, to prevent the entry of sliips ; a 
fine was imposed upon the Town equal to the value 
of the tea destroyed, and soldiers were quartered upon 
the citizens, to enforce obedience to the laws and regu- 
lations prescribed by Parliament. Strange as it may 
* December J 8, 1773. t 1774. 



OF THE UNITED STATES. 147 

now appear, it was confidently believed by the domi- 
nant administration party in England that by adopting 
these retributive measures against Boston, and thus 
making her an example, it would not only awe the 
other colonies into submission, but that also the advan- 
tage which they would derive from the closing of that 
port, would induce them to look indiiferently on the 
controversy, and perhaps even to espouse the side of 
the mother country. But the interests and the princi- 
ples involved in the contest were far otherwise esti- 
mated and regarded by the people of America. The 
following sentiments emanating from the town of Sa- 
lem, which was more directly to be benefited by the 
measures adopted show how ignorant the ministry were 
of the spirit which reigned in the colonies. " By shut- 
ting up the port of Boston," they say, " some imagine 
that the course of trade might be turned hither, and to 
our benefit, but nature in the formation of our harbour 
forbids our becoming rivals in commerce with that con- 
venient mart ; and were it otherwise we must be dead 
to every idea of justice, lost to all feelings of humanity, 
could we indulge one thought to seize on wealth, and 
raise our fortunes, on the ruin of our suffering neigh- 
bours." These sentiments were everywhere responded 
to. Within a very short time after the Port Bill arrived 
in Boston, it was circulated through all of the colonies, 
printed with a broad black border, with various em- 
blematical expressions of the views and dispositions of 
the people respecting it. In Philadelphia and other 
Towns, and throughout the colony of Virginia, the day 
appointed for its operation was regarded " with fasting, 
humiliation, and prayer." It was recommended in Vir- 
ginia to implore " that God would give the people one 



148 GOVERNMENTAL HISTORY 

heart and one mind firmly to oppose every invasion of 
the American rights." Besides these religious exercises, 
the Assembly of Virginia then in session, 

Resolved. That an attack made on one of our sister colonies, to com- 
pel submission to arbitrary taxes, is an attack made on all British Ame- 
rica, and threatens ruin to the rights of all, unless the united wisdom of 
the whole should be applied. 

Committees were also appointed to open a corres- 
pondence between the several colonies-'; and to confer 
on the expediency of calling a General Congress of 
Deleofates from the several colonies to take into con- 
sideration the late Acts of Parliament, as well as to 
devise the best method of obtaining relief. The Bos- 
ton Port Bill was followed by other Acts, changing the 
form of government, and interfering with the adminis- 
tration of justice in the colony of Massachusetts Bay. 
These arbitrary and high handed measures alarmed the 
people of the several colonies, and they heartily concur- 
red in the proposition, and a Congress was accordingly 
appointed, which met at Philadelphia in the month of 
September.* This Congress was composed of fifty-one 
delegates, varying in the number of representatives 
appointed from the several colonies. On the opening 
of the Congress, inasmuch as they were not possessed 
of any mode or materials for ascertaining the import- 
ance of each colony, it was resolved that each colony 
or province should have one vote in determining all 
questions submitted to the consideration of the Con- 
gress. It was further resolved that the doors should 
be kept shut during the time of business, and that the 
members should consider themselves uiider the strong- 
est obligations of honor, to keep the proceedings secret, 
* 1774. 



OF THE UNITED STATES. 149 

until the majority should direct them to be made pub- 
lic — that no person should speak more than twice on 
the same point, without leave of the Congress — that no 
question should be determined the day on which it was 
agitated and debated, if any one of the colonies should 
d'esire the determination to be postponed to another 
day — that the President might adjourn the Congress 
from day to day if he should find that there was no 
business prepared to be laid before them, and might, 
w4ien he thought it was necessary, call them together 
before the time to which they stood adjourned. A 
committee was appointed to state the rights of the colo- 
nies in general, the several instances in which those 
rights had been violated or infringed, and the means 
most proper to be used for obtaining a restoration of 
them. Having received a communication from Massa- 
chusetts Bay, setting forth the late Acts of Parliament 
relating to that province, the following resolutions were 
passed : 

Resolved, That this Congress do approve of the opposition made by 
the inhabitants of the Massachusetts Ba.y, to the execution of the late 
acts of ParUament ; and if the same shall be attempted to be carried into 
execution by force, in such case, all America ought to support them in 
their opposition. 

Resolved, That the removal of the people of Boston into the coun- 
try, would be not only extremely difficult in the execution, but so im- 
portant in its consequences, as to require the utmost deliberation before 
it is adopted. But in case the Provincial Meeting of that colony shall 
judge it absolutely necessary, it is the opinion of this Congress that all 
America ought to contribute towards recompensing them for the injury 
they may thereby sustain. 

Resolved, That this Congress do recommend to the inhabitants of 
Massachusetts Bay, to submit to a suspension of the administration of 
justice, where it cannot be procured in a legal and peaceable manner, 
under the rules of the charter, and the laws founded thereon, until the 
effects of our application for the repeal of the Acts, by which their char- 
ter-rights are infringed, is known. 

13* 



150 GOVERNMENTAL HISTORY 

Rksolved UNANiMOUsi,y, That every person who shall take, accept, 
or act under any commission or authority, in anywise derived from the 
Act passed in the last session of Parliament, changintr the form of govern- 
ment, and violating the charter of the Province of Massachusetts Bay, 
ought to be held in detestation, and considered the wicked tool of that 
despotism which is preparing to destroy those rights which God, nature, 
and compact, have given to i^mcrica. 

Resolvkd unanimously, That the people of Boston and the Massa- 
chusetts Bay, be advised still to conduct themselves peaceably towards 
his Excellency General Gage, and his Majesty's troops now stationed 
in the Town of Boston, as far as can possibly consist with their imme- 
diate safety and the security of the town, avoiding and discountenancing 
every violation of his Majesty's property, or any insult to his troops; 
and that they peaceably and firmly persevere in the line in which they 
are now conducting themselves on the defensive. 

Resolved, That the seizing, or attempting to seize, any person in 
America in order to transport such person beyond the sea, for trials of 
offences committed within the body of a county in America, being 
against law, will justify, and ought to meet with resistance and reprisal." 

A letter was also addressed to General Gage, Com- 
mander of His Majesty's troops at Boston, as follows : — 

Philadelphia, Oct. 10, 1774. 
Sir, — The inhabitants of the Town of Boston have informed us, the 
Representatives of his Majesty's faithful subjects in all the colonies from 
Nova Scotia to Georgia, that the fortifications erecting within that town, 
the frequent invasions of private property, and the repeated insults they 
receive from the soldiery, have given them great reason to suspect a plan 
is formed very destructive to them, and tending to overthrow the liber- 
ties of America. Your Excellency cannot be a stranger to the senti- 
ments of America with respect to the late Acts of Parliament, under the 
execution of which those unhappy people are o[)pressed ; the approba- 
tion universally expressed of their conduct, and the determined resolu- 
tions of the colonies for the preservation of their common rights, to unite 
in their opposition to those Acts. In consequence of these sentiments, 
they have appointed us the guardians of their rights and liberties, and 
we arc under the deepest concern, thut, whilst we are pursuing every 
dutiful and peaceable measure, to procure a cordial and effectual recon- 
ciliation between Great Britain and the colonies, your Excellency should 
proceed in a manner that bears so hostile an appearance, and which 
even these oppressive Acts do not warrant. We entreat your Excel- 
lency to consider what tendency this conduct must have to irritate and 



OP THE UNITED STATES. l6l 

force a people, however well disposed to peaceable measures, into hostili- 
ties, which may prevent the endeavors of this Congress to restore a good 
understanding with a parent state, and may involve us in the horrors of 
a civil war. In order, therefore, to quiet the minds, and remove the 
reasonable jealousies of the people, that they may not be driven to a state 
of desperation, being fully persuaded of their pacific disposition towards 
the King's troops, could they be assured of their own safety, we hope, 
Sir, you will discontinue the fortifications in and about Boston, prevent 
any further invasions of private pioperty, restrain the irregularities of 
the soldiers, and give orders that the communications between the town 
and country may be open, unmolested, and free. Signed, by order and 
in behalf of the General Congress, 

PEYTON RANDOLPH, President. 

The Declaration of Rights, and other proceeding's 
published by this Co.ngress, contain a full and com- 
prehensive view of all the grievances complained of, 
and of the rights claimed in America, and, as illustrating 
the position in which the two countries now stood 
with reference to each other, they necessarily become 
a part of this work. 



CHAPTER VIII. 

The Declaration of Rights.* 

Whereas, since the close of the last war, the British 
Parliament, claiming a power, of right, to bind the 
people of America by statutes in all cases whatsoever, 
hath in some Acts expressly imposed taxes upon them ; 
and in others under various pretences, but in fact for 
the purpose of raising a revenue, hath imposed rates 
and duties payable in these colonies, established aboard 
of commissioners with unconstitutional powers, and 

* In Congress, 1774. 



152 GOVERNMENTAL HISTORY 

extended tlie jurisdiction of Courts of Admiralty, not 
only for collecting the said duties, but for the trial of 
causes merely arising within the body of a county. 

And ivhereas, in consequence of other statutes judges, 
who before held only estates at will in their offices, 
have been made, dependant on the Crown alone for 
their salaries, and standing armies kept in times of 
peace. And whereas it has lately been resolved in. 
Parliament, that by force of a statute, made in the 
thirty-fifth year of the reign of King Henry YIII. colo- 
nists may be transported to England and tried there 
upon accusations for treasons, and misprisons and con- 
cealments of treasons committed in the colonies, and 
by a late statute, such trials have been directed in cases 
therein mentioned, xind whereas, in the last session 
of Parliament three statutes were made; one entitled 
'• An Act to discontinue in such manner and for such 
time as therein mentioned, the landing and discharging, 
lading or shipping of goods, wares, and merchandize at 
the town, and within the harbour of Boston, in the 
Province of Massachusetts Bay, in North America," 
and another, entitled "An Act for the impartial admin- 
istration of justice, in the cases of persons questioned 
for any act done by them in the execution of the law, 
or for the suppression of riots and tumults, in the Prov- 
ince of Massachusetts Bay in New England ;" and 
another statute was then made, " for making more 
effectual provision for the govermnent of the Province 
of (Quebec," &c. All which statutes are impolitic, un- 
just, and cruel, as well as unconstitutional, and most 
danoferous and destructive of American rights. And 
V'hereas Assemblies have been frequently dissolved, 
contrary to the rights of the people when they attempted 
to deliberate on grievances, and their dutiful, humble, 



OF THE UNITED STATES. 153 

loyalj and reasonable petitions to the Crown for redress 
have been repeatedly treated with contempt by his 
Majesty's ministers of state, the good people of the 
several colonies of New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsyl- 
vania, Newcastle, Kent and Sussex on Dela- 
ware, Maryland, Virginia, North Carolina and 
South Carolina, justly alarmed at the arbitrary pro- 
ceedings of Parliament and administration, have sev- 
erally elected, constituted and appointed deputies to 
meet and sit in General Congress, in the city of Phila- 
delphia, in order to obtain such establishment, as that 
their religion, laws, and liberties may not be subverted ; 
whereupon the deputies so appointed, being now as- 
sembled, in a full and free representation of these colo- 
nies, taking into their most serious consideration, the 
best means of attaining the ends aforesaid, do in the 
first place, as Englishmen their ancestors have in like 
cases usually done, for asserting and vindicating their 
rights and liberties. Declare, that the inhabitants of 
the English colonies in North America, by the immu- 
table laws of nature, the principles of the English Con- 
stitution, and the several charters or compacts, have 
the following Rights : 

Rksolved nemins contradicente. I. That they are entitled to life, 
liberty, and property, and have never ceded to any sovereign power what- 
ever, a right to dispose of either without their consent. 

II. That our ancestors were, at the time of their emigration from the 
mother country, entitled to all the rights, liberties, and immunities of 
free and natural born subjects within the realm of England. 

III. That, by such emigration, they neither forfeited, surrendered, nor 
lost, any of those rights. 

IV. That the foundation of English liberty, and of all free govern- 
ment, is a right in the people to participate in their Legislative Council ; 
and as the English colonists are not represented, and, from their local 



154 GOVERNMENTAL HISTORY 

and other circumstances cannot properly be represented in the British 
Parliament, they arc entitled to a free and exclusive power of legislation, 
in their several Provincial Legislatures, where their right of legislation 
can only be preserved, in all cases of taxation and internal polity, sub- 
ject only to the negative of their Sovereign, in such manner as has been 
heretofore used and accustomed ; but from the necessity of the case, and 
a regard to the mutual interests of both countries, we cheerfully consent 
to the operation of such Acts of the British Parliament as are bona fide^ 
restrained to the regulation of our exiernal comvierce, for the purposes of 
securing the commercial advantages of the whole empire to the Mother 
Country, and the commercial benefits of its respective members, ex- 
cluding every idea of taxation, internal or external, for raising a reve- 
nue on the subjects in America without their consent. 

V. That the respective colonies are entitled to the Common law of 
England, and more especially^ to the great and inestimable privilege of 
being tried by their peers of the vicinage according to the course of that 
law. 

VI. That they are entitled to the benefit of such of the English Stat- 
utes as existed at the time of their colonization, and which they have, 
by experience, respectively found to be applicable to their several local 
and other circumstances. 

VII. That these his Majesty's colonies, are likewise entitled to all the 
immunities and privileges, granted and confirmed to them by Royal 
Charters, or secured by their several codes of Provincial laws. 

Vni. That they have a right peaceably to assemble, consider of their 
grievances, and petition the King ; and that all prosecutions, prohibitory 
proclamations, and commitments for the same, are illegal. 

IX. That the keeping a standing army in these colonies, in time of 
peace, without the consent of the Legislature of that colony in which 
such army is kept, is against law. 

X. It is indispensably necessary to good government, and rendered 
essential by the English Constitution, that the constituent branches of 
the legislature be independent of each other ; that, therefore, the exer- 
cise of legislative power, in several colonies, by a Council appointed dur- 
ing the pleasure of the Crown, is unconstitutional, dangerous, and de- 
structive to the freedom of American legislation. 

All and each of which, the aforesaid Deputies, in behalf of themselves 
and their constituents, do claim, demand, and insist on, as their indubi- 
table rights and liberties, which cannot be legally taken from them, al- 
tered or abridged by any power whatever, without their own consent by 
their representatives in their several Provincial Legislatures. 

Resolved n. c, That the following Acts of Parliament are infringe- 
ments and violations of the rights of the colonists, and that the repeal 



OF THE UNITED STATES. 155 

of them is essentially necessary, in order to restore harmony between 
Great Britain and the American Colonies, viz: — The several Acts of 
4 Geo. III. Ch. 15 and Ch. 34—5 Geo. III. Ch. 25—6 Geo. III. Ch. 
52—7 Geo. III. Ch. 41 and 46—8 Geo. III. Ch. 22, which impose duties 
for the purpose of raising a revenue in America, extend the powers of 
the Admiralty Courts beyond their ancient limits, deprive the American 
subject of Trial by Jury, authorise the Judj^e's certificate to indemnify 
the prosecutor from damages that he might otherwise be liable to, re- 
quiring oppressive security from a claimant of ships and goods seized, 
before he shall be allowed to defend his property, and are subversive of 
American rights. Also, 12 Geo. III. Ch. 24, entitled "An Act for the 
better securing his Majesty's Dockyards, Magazines, Ships, Ammuni- 
tion and Stores," which declares a new offence in America, and de- 
prives the American subjects of a constitutional trial by jury of the vici- 
nage, by authorising the trial of any person charged with the committing 
any offence described in the said Act, out of the realm, to be indicted 
and tried for the same in any shire or county within the realm. Also, 
the three Acts passed in the last session of Parliament, by stopping the 
port and blocking up the harbour of Boston, for altering the charter and 
government of Massachusetts Bay ; and that which is entitled " An 
Act for the better Administration of Justice, &c." Also, the Act passed 
in the same session for establishing the Roman Catholic religion in the 
Province of Quebec, abolishing the equitable system of English laws, 
and erecting a tyranny there to the great danger, from the total dissimu- 
larity of religion, law, and government, of the neighboring British colo- 
nies, by the assistance of whose blood and treasure the said country was 
conquered from France. Also, the Act passed in the same session for 
the better providing suitable quarters for oificers and soldiers in his 
Majesty's service in North America. 

To these grievous Acts and measures, Ainericans 
cannot submit ; but in hopes their fellow subjects in 
Great Britain will, on a revision of them, restore us 
to that state, in which both countries found happiness 
and prosperity, we have for the present only resolved 
to pursue the following peaceable measures—l. To en- 
ter into a non-importation, non-consumption, and non- 
exportation agreement or association — 2. To prepare 
an address to the People of Great Britain, and a 
memorial to the inhabitants of British America — ^and 



156 GOVERNMENTAL HISTORY 

3. To prepare a loyal address to His Majesty agreeable 
to resolutions already entered into. 

The Association. 

We His Majesty's most loyal subjects, the Dele- 
gates of the several Colonies of New Hampshire, 
Masshusetts BaYj Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, the three 
lower counties of Newcastle, Kent, and Sussex, 
on Delaware, Maryland, Virginia, North Caro- 
lina AND South Carolina, deputed to represent 
them in a Continental Congress held in the city of 
Philadelphia, on the fifth day of September, 1771. 
Avowing- our allegiance to His Majesty, our ciffectiou 
and regard for our fellow subjects in Great Britain and 
elsewhere, affected with the deepest anxiety, and most 
alarming apprehensions at those grievances and dis- 
tresses with which His Majesty's American subjects 
are oppressed, and having taken under our most serious 
deliberation, the state of the whole continent ; find, that 
the present unhappy situation of our affairs is occa- 
sioned by a ruinous system of Colony administration 
adopted by the British Ministry about the year 1763, 
evidently calculated for enslaving these Colonies, and 
with them the British empire. In prosecution of which 
system various Acts of Parliament have been passed for 
raising a revenue in America, for depriving the Ameri- 
can subjects, in many instances of the constitutional 
trial by jury, exposing their lives to danger, by direct- 
ing a new and illegal trial beyond tlie seas, for crimes 
alledffed to have been committed in America. And in 
prosecution of the same system, several late cruel and 
oppressive Acts have been passed respecting the town of 
Boston and the Massachusetts Bay, and also an Act for 



OF THE UNITED STATES. 157 

extending the Province of (Quebec so as to border on 
the western frontiers of these Colonies, establishing an 
arbitrary government therein, and discouraging the set- 
tlement of British subjects in that wide extended coun- 
try ; thus by the influence of evil principles and ancient 
prejudices, to dispose the inhabitants to act with hos- 
tility against the free Protestant Colonies, whenever a 
wicked ministry shall choose to direct them. 

To obtain redress of these grievances, which threaten 
destruction to the lives, Iibert5'', and property of His 
Majesty's subjects in North America, we are of opinion 
that a non-importation, non-consumption, and non- 
exportation agreement, faithfully adhered to, will prove 
the most speedy, effectual, and peaceable measure. 
And therefore we do, for ourselves, and the inhabitants 
of the several Colonies whom we represent, firmly 
agree and associate under the sacred ties of virtue, 
honor and love of our country, as follows : 

First. That from and after the first day of December next, we will 
not import into British America, from Great Britain or Ireland, any goods, 
wares or merchaiadize whatsoever, or from any other place, any such goods, 
wares, or merchandize, as shall have been exported from Great Britian or 
Ireland : nor will we, after that day, import any East India Tea from 
any part of the world ; nor any molasses, syrups, panelcs, coffee or Pie- 
mento, froai the British Plantations or from Dominica ; nor wines from 
Maderia, or the western Islands ; nor foreign Indigo. 

Srcond. We will neither import, nor purchase any slave imported 
after the first day of December next : after which time we will wholly 
discontinue the Slave Trade, and will neither be concerned in it our- 
selves, nor will we hire our vessels, nor sell our commodities or manufac- 
tures to those who are concerned in it. 

Third. As a non-consumption agreement, strictly adhered to, will be 
an efl"ectual security for the observation of the non-importation, we as 
above, solemnly agree and associate, that from this day, we will not pur- 
chase or use any tea imported on account of the East India Company, 
or any on which a duty hath been or shall be paid ; and from and after 
the first day of March next we will not purchase or use any East India 
tea whatever ; nor will we, nor shall any person for or under us pur^ 

14 



15S GOVERNMENTAL HISTORY 

chase or use any of the goods, wares or merchandize, we have agreed 
not to import, which we shall know or have cause to suspect, 
were imported after the first day of December, except such as come 
under the rules and directions of the tenth article hereafter mentioned. 

Fourth. The earnest desire we heve not to injure our fellow-subjects 
in Great Britain, Ireland, or the West Indies, induces us to suspend a 
non-exportation, until the tenth day of September 1775 ; at which time, 
if the said acts and parts of acts of the British Parliament herein after 
mentioned, arc not repealed, we will not, directly or indirectly, export 
any merchandize or commodity whatsoever to Great Britain, Ireland, or 
the West Indies, except Rice to Europe. 

Fifth. Such as are merchants and use the British and Irish trade, 
will give orders as soon as possible, to their factors, agents and corres- 
pondents, in Great Britain and Ireland, not to ship any goods to them, 
on any pretence whatever, as they cannot be received in America ; and 
if any merchants residing in Great Britain or Ireland, shall directly or 
indirectly ship any goods, wares, and merchandize, for America, in order 
to break the said non-importation agreement, or in any manner contra- 
vene the same, on such unworthy conduct being well attested, it ought 
to be made public ; and on the same being so done, we will not, from 
thenceforth, have any connection with such merchant. 

Sixth. That such as are owners of vessels will give positive orders 
to their Captains, or Masters, not to receive on board their vessels, any 
goods prohibited by the said non-importation agreement, on pain of im- 
mediate dismission from their service. 

Seventh. We will use our utmost endeavours to improve the breed 
of sheep and increase their number to the greatest extent ; and to that 
end, we will kill them as seldom as may be, especially those of the most 
profitable kind ; nor will we export any to the West Indies or elsewhere; 
and those of us, who are or may become overflocked with, or can con- 
veniently spare any sheep, will dispose of them to our neighbours, espe- 
cially to the poorer sort, on moderate terms. 

Eighth. We will, in our several stations, encourage frugality, economy, 
and industry, and promote agriculture, arts, and the manufactures of this 
country, especially that of wool; and will discountenance and discourage 
every species of extravan-ance and dissipation, especially all horse-racing, and 
all kinds of gaming, cock-fighting, exhibitions of shows, plays, and other 
expensive diversions and entertainments ; and on the death of any rela- 
tion or friend, none of us, or any of our famiUes, will go uito any further 
mourning dress than black crape or ribbon on the ann or hat for gentle- 
men, and a black ribbon and neck -lace for ladies ; and we will discon- 
tinue the giving of gloves and scan'es at funerals. 

Ninth. Such as are venders of goods or merchanchze will not take 



OF THE UNITED STATES. 159 

advantage of the scarcity of goods that may be occasioned by this asso- 
ciation, but will sell ihe same at the rates we have been respectively 
accustomed to do for twelve months last past. — And if any vender of 
goods or merchandize, shall sell any "such goods on higher terms, or shall 
in any manner, or by any device whatsoever, violate or depart from this 
agreement, no parson ought, nor will any of us deal with any such per- 
son, or his, or her factor or agent, at any time thereafter for any commo- 
dity whatever. 

Tenth. In ciise any merchant, tra.der, or other persons shall import 
any goods or merchandize after the first day of December, and belbre the 
first day of February next, the same ought forthwith, at the election of 
the owner, to be either reshipped, or delivered up to the Committee of the 
County, or Town wherein they shall be imported, to be stored at the 
risk of the importer, until the non-importation agreeme:it shall cease, or 
be sold under the directions of the committee aforesaid ; and in the last 
mentioned case, the owner or owners of such goods shall be reimbursed 
(out of the sales), the first cost and charges ; the profit if any to be ap- 
plied towards relieving and employing- such poor inhabitants of the Town 
of Boston, as are immediate suiTerers by the Boston Port Bill; and a 
particular account of all goods so returned, stored or sold, to be inserted 
in the public papers ; and if any goods or merchandize shall be imported 
after the said first day of February, the same ought to be forthwith sent 
back again, without breaking any of the packages thereof 

Eleventh. That a Committee be chosen in every County, City, and 
Town, by those who are qualified to vote for Representatives in the 
Legislature, whose business it shall be attentively to observe the con- 
duct of all persons touching this Association ; and when it shall be made 
to appear to the satisfaction of a majority of any such Committee, that 
any person within the limits of their appointment has violated this Asso- 
ciation, that such majority do forthv/ilh cause the truth of the case to be 
published in the Gazette : to Ihe end, that all such foes to the rights of 
British America may be publicly known, and universally contemned as 
the enemies of American liberty ; and henceforth we respectively will 
break off all dealings with him or her. 

TwKLFTH. That the Committee of Correspondence in the respective 
colonies do frequently inspect the entries of their Custom Houses, and 
inform each other, from time to time of the true state thereof, and of 
every other material circumstance that may occur relative to this Asso- 
ciation, 

Thirteenth. That all manufactures of this country be sold at rea- 
sonable prices, so that no undue advantage be taken of a future scarcity 
of goods. 

FouRTSENTH, And we do further agree and resolve, that we will 



160 GOVERNMENTAL HISTORY 

have no trade, commerce, dealings, or intercourse whatsoever, with any 
colony or province in North America, which shall not accede to, or 
which shall hereafter violate this Association, but will hold them as un- 
worthy of the rights of freemen, and as inimical to the liberties of their 
country. And we do solemnly bind ourselves and our constituents, un- 
der the ties aforesaid, to adhere to this Association until such parts of 
the several Acts of Parliament, passed since the close of the last war, as 
impose or continue duties on Teas, Wine, Molasses, Syrups, Fancies, 
Coffee, Sugar, Piemento, Indigo, Foreign Paper, Glass, and Painters' 
Colours, imported into America; and extend the powers of Admiralty 
Courts be3'^ond their ancient limits, deprive the American subject of 
Trial by Jury, authorise the Judge's Certificate to indemnify the Prose- 
cutor from damages that he might otherwise be liable to from a Trial by 
his Peers ; require oppressive security from a claimant of Ships or Goods 
seized, before he shall be allowed to defend his property, are repealed. 
And until that part of the Act of the 12 Geo. III. Ch. 21, entitled "An 
Act for the better securing his Majesty's Dock- Yards, Magazines, Ships, 
Ammunitions, and Stores," by which any persons charged with com- 
mitting any of the offences therein described, in America, may be tried 
in any Shire or County within the realm, is repealed. And until the 
four Acts passed the last session of Parliament, viz : — that for stopping 
the Port and blocking up the Harbour of Boston — that for altering the 
Charter and Government of the Massachusetts Bay — and that which is 
entitled " An Act for the better Administration of Justice, &c." — and 
that " for extending the limits of Cluebec, &c." are repealed. And we 
recommend it to the Provincial Convention, and to the Committees in 
the respective Colonies, to establish such further regulations as they may 
think proper, for carrying into execution this Association. 

The foregoing Association being determined upon by the Congress, 
was ordered to be subscribed by the several members thereof; and there- 
upon we have hereunto set our respective names accordingly. 
In Congress, Philadelphia, October 24, 1774. 

Signed Peyton Randolph, Pres. 

New Hampshire. Rhode Island. 

John Sullivan, Stephen Hopkins, 

Nathaniel Folsom. Samuel Ward. 

Ma.ssachusetts Bay. Connecticut. 

Thomas Gushing, Eliphalet Dyer, 

Samuel Adams, Roger Sherman, 

John Adams, Silas Deane. 
Robert Treate Paine. 



OF THE UNITED STATES. 



161 



New York. 
Isaac Low, 
John Alsop, 
John Jay, 
James Duane, 
William Floyd, 
Henry Wisner, 
S. Boerum, 
Philip Livingston. 

New Jersey. 
James Kinsey, 
William Livingston, 
Stephen Crane, 
Richard Smith, 
John De Hart. 

Pennsylvania. 
Joseph Galloway, 
John Dickinson, 
Charles Humphreys, 
Thomas Mifflin, 
Edward Biddle, 
John Morton, 
George Ross. 

New Castle, &c. 
CsDsar Rodney, 



Thomas M'Keane, 
George Read. 

Maryland. 
Matthew Tilghman, 
Thomas Johnson, 
Wiliiam Paca, 
Samuel Chase. 

Virginia, 
Richard Henry Lee, 
George Washington, 
P. Henry, Jun. 
Richard Bland, 
Benjamin Harrison, 
Edmund Pendleton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 
R. Casw^ell. 

South Carolina. 
Henry Middleton, 
Thomas Lynch, 
Christopher Gadsden, 
John Rutledge, 
Edward Rutledge. 



Address to the King.* 

To the Kings Most Excellent Majesty. 
Most Gracious Sovereign, 

We, your Majesty's faithful subjects of the Colonies of New Hamp- 
shire, Massachusetts Bay, Rhode Island and Providence Plan- 
tations, Connecticut, New York, New Jersey, Pennsylvania, 
the Counties of Newcastle, Kent and Sussex on Delaware, 
Maryland, Virginia, North Carolina and South Carolina, in 
behalf of ourselves and the inhabitants of these Colonies, who have de- 
puted us to represent them in General Congress, by this our humble 
petition, beg leave to lay our grievances before the Throne. 

A standing army has been kept in these Colonies ever since the con- 
clusion of the late war, without the consent of our Assemblies ; and this 
army, with a considerable naval armament, has been employed to enforce 
the collection of taxes. The authority of the Commander-in-Chief, and 
under him of the Brigadier General, has, in time of peace, been rendered 
Supreme in all the Civil Governments in America. — The Commander- 
* 1774. 

14* 



162 GOVERNMENTAL HISTORY 

in-Chief of all your Majesty's forces in North America has, in time of 
peace, been appointed Governor of a Colony. — The charges of usual of- 
fices have been greatly increased ; and new, expensive, and oppressive 
offices have been multiplied.— The Judges of Admiralty and Vice- Admi- 
ralty Courts are empowered to receive their salaries and fees from the 
effects condemned by themselves.— The officers of the Customs are em- 
powered to break open and enter houses without the authority of any 
civil magistrate, founded on legal information. — The Judges of Courts 
of Common Law have been made entirely dependent on one part of the 
Legislature for their Salaries, as well as for the duration of their Com- 
missions. — Counsellors holding their Commissions during pleasure exer- 
cise legislative authority. — Humble and reasonable petitions from the 
Representatives of the people have been fruitless. — The Agents of the 
people have been discountenanced, and Governors have been instructed 
to prevent the payment of their salaries. — Assemblies have been repeat- 
edly and injuriously dissolved. — Commerce has been burthened with 
many useless and oppressive restrictions. — By several Acts of Parlia- 
ment, made in the fourth, fifth, sixth, seventh, and eighth years of your 
Majesty's reign, duties are imposed on us, for the purpose of raising a 
revenue ; and the powers of Admiralty and Vice-Admiralty Courts are 
extended beyond their ancient limits, whereby our property is taken from 
us without our consent ; the Trial by Jury in many civil cases is abol- 
ished ; enormous forfeitures are incurred for slight offences ; vexatious 
informers are exempted from paying damages to which they are justly 
liable; and oppressive security is required from owners before they are 
allowed to defend their rights. — Both Houses of Parliament have re- 
solved that Colonists may be tried in England for offences alledged to 
have been committed in America, by virtue of a Statute passed in the 
thirtij-fiflh year of Hniry the Eighth ; and in consequence thereof at- 
tempts have been made to enforce that Statute. — A Statute was passed 
in the tu-dfth year of your Majesty's reign, directing that persons charged 
with committing any offence therein described, in any place out of the 
Realm, may be indicted and tried for the same in any Shire or County 
within the Realm, whereby inhabitants of these Colonies may, in sun- 
dry cases by that Statute made capital, be deprived of a trial by their 
Peers of the Vicinage. — In the last session of Parliament an Act was 
passed for blocking up the Harbour of Boston ; another, empowering 
the Governor of the Massachusetts Bay, to send persons indicted for 
murder in that Province to another Colony, or even to Great Britain, for 
trial, whereby such offenders may escape legal punishment ; a third, for 
altering the Chartered Constitution of Government in that Province ; 
and a fourth, fur extending the limits of Uuebec, abolishing the English 
and restoring the French laws, whereby great numbers of British free- 



OP THE UNITED STATES. 163 

men are subjected to the latter, and establishing an absolute government 
and the Roman Catholic religion throughout those vast regions that bor- 
der on the westerly and northerly boundaries of the free, Protestant En- 
glish settlements ; and a JifUi, for the better providing suitable quarters 
for Officers and Soldiers in his Majesty's service in North America. 

To a sovereign v^ho glories in the name of Briton, the bare recital of 
these acts must, we presume, justify the loyal subjects, who fly to the 
foot of the throne, and implore his clemency for protection against them. 
From this destructive system of Colony administration, adopted since 
the conclusion of the last war, have flowed those distresses, dangers, 
fears, and jealousies that overwhelm your majesty's dutiful colonists with 
affliction ; and we defy our most subtle and inveterate enemies to trace 
the unhappy difference between Great Britain and these Colonies, from 
an carHer period, or from other causes, than we have assigned. Had 
they proceeded on our part from a restless levity of temper, unjust im- 
pulses of ambition, or artful suggestions of seditious persons, we should 
merit the opprobrious terms frequently bestowed upon us by those we revere 
But so far from promoting innovations, we have only opposed them ; 
and can be charged with no offence, unless it be one to receive injuries 
and be sensible of them. 

Had our Creator been pleased to give us existence in a land of slavery, 
the sense of our condition might have been mitigated by ignorance and 
habit. But thanks be to his adorable goodness, we were born the Jieirs 
of freedom, and ever enjoyed our right under the auspices of your royal 
ancestors, whose family was seated on the British throne to rescue and 
secure a pious and gallant nation from the popery and despotism of a 
superstitious and inexorable tyrant. Your majesty we are confident 
justly rejoices that your title to the Crown is thus founded on the title 
of your people to liberty ; and therefore we doubt not but your royal 
wisdom must approve the sensibiUty that teaches your subjects anxiously 
to guard the blessings they received from divine Providence, and thereby 
to prove the performance of that compact which elevated the illustrious 
house of Brunswick to the imperial dignity it now possesses. The appre- 
hension of being degraded into a state of servitude, from Ihe pre-emi- 
nent rank of English freemen, while our minds retain the strongest love of 
liberty, and clearly foresee the miseries prepaiing for us and for our posterity, 
excites emotions in our breasts which, though we cannot describe, we 
should not wish to conceal. Feeling as men, and thinking as subjects, 
in the manner we do, silence would be disloyalty. By giving this faith- 
ful information, we do all in our power to promote the great objects of 
your royal cares — the tranquillity of your government, and the welfare of 
your people. Duty to your majesty and regard for the preservation of 
ourselves and our posterity — the primary obligations of nature and so- 



164 GOVERNMENTAL HISTORY 

ciety — command us to entreat your royal attention ; and, as your ma- 
jesty enjoys the signal distinction of reigning over freemen, we apprehend 
the language of freemen cannot be displeasing. Your royal indignation, 
we hope, will rather fall on those designing and dangerous men, w^ho, 
daringly interposing themselves between your royal person and your 
faithful subjects, and for several years past incessantly employed to dis- 
solve the bonds of society, by abusing your majesty's authority, misrep- 
resenting your American subjects, and prosecuting the most desperate 
and irritating projects of oppression, have at length compelled us, by the 
force of accumulated injuries, too severe to be any longer tolerable, to 
dirturb your majesty's repose by our complaints. These sentiments are 
extorted from hearts that much more willingly would bleed in your ma- 
jesty's service. Yet so greatly have we been misrepresented, that a 
necessity has been alleged of taking our property from us without our 
consent to defray the charge of the administration of justice ; the support 
of civil government ; and the defence, protection, and security of the 
colonies. But we beg leave to assure your majesty that such provision 
has been and will be made for defraying the two first articles, as has 
been and shall be judged, by the legislatures of the several colonies just 
and suitable to their respective circumstances : and for the defence, pro- 
tection, and security of the colonies, their militias, if projierly regulated 
as they earnestly desire may immediately be done, would be fully suf- 
ficient, at least in times of peace ; and in case of war, your faithful colo- 
nists will be ready and willing, as they ever have been when constitu- 
tionally required, to demonstrate their loyalty to your majesty, by exert- 
ing their most strenuous efforts in granting supplies and raising forces. 
Yielding to no British subjects in affectionate attachment to your ma- 
jesty's person, family and government, we too dearly prize the privilege 
of expressing that attachment, by those proofs that are honorable to the 
Prince who receives them, and the people who give them, ever to assign it to 
any body of men upon earth Had we been permitted to enjoy, in quiet, the 
inheritance left us by our forefathers, we should, at this time, have been 
peaceably , cheerfully, and usefully employed in recommending ourselves, by 
every testimony of devotion to your majesty, and of veneration to the state, 
from which we derive our origin. But though now exposed to unexpected 
and unnatural scenes of distress by a contention with that nation in 
whose parental guidance on all important affairs we have hitherto, with 
filial reverence, constantly trusted, and therefore can derive no instruc- 
tion in our present unhappy and perplexing circumstances from any for- 
mer experience ; yet, we doubt not, the purity of our intentions and the 
integrity of our conduct will justify us at that grand tribunal, before 
which all mankind must submit to judgment. We ask but for peace, 
liberty, and sojeby. Wc wish not a diminution of the prerogatives, nor do 



OP THE UNITED STATES. 165 

vvc solicit the grant of any new right in our favor. Your royal authority 
over uSj and our connection with Great Britain, we shall always care- 
flilly and zealously endeavour to support and maintain. Filled with 
sentiments of duty to your majesty, and of aflection to our parent state, 
deeply impressed by our education, and strongly confirmed by our reason, 
and anxious to evince the sincerity of these dispositions, we present this 
petition only to obtain a redress of grievances and relief from fears and 
jealousies occasioned by the system of statutes and regulations adopted 
since the close of the last war, for raising a revenue in America — extend- 
ing the powers of courts of admiralty and Vice Admiralty — trying per- 
sons in Great Britain for offences alledged to be committed in America 
— affecting the Province of Massachusetts Bay — and altering the govern- 
ment and extending the limits of Quebec — by the abolition of which 
system the harmony between Great Britain and the Colonies, so neces- 
sary to the happiness of both, and so ardently desired by the latter, and 
the usual intercourses will be immediately restored. In the magnanimity 
and justice of your Majesty and Parliament we confide for a redress of 
our other grievances, trusting, that when the causes of our apprehensions 
are removed, our future conduct will prove us not unworthy of the regard 
we have been accustomed, in our happier days, to enjoy. For, appealing 
to that Being who searches thoroughly the hearts of His creatures, we 
solemnly profess, that our councils ha,ve been influenced by no other 
motive than a dread of impending destruction. 

Permit us then, most gracious sovereign, in the name of all your faith- 
ful people in America with the utmost humility to implore you; for the 
honor of Almighty God, whose pure religion our enemies are undermin- 
ing, for your glor}^, which can be advanced only by rendering your sub- 
jects happy, and keeping them united ; for the interest of your family, 
depending on an adherence to the principles that enthroned it ; for the 
safety and welfare of your kingdom and dominions, threatened with 
almost unavoidable dangers and distresses ; that your majesty, the loving 
father of your whole people, connected by the same bonds of law, loyalty, 
faith and blood, though dwelling in various countries, will not suffer the 
transcendent relation formed by these ties to be fe,rther \iola,ted, in 
uncertain expectation of effects that, if attained, never can compensate 
for the calamities through which they must be gained. We therefore 
most earnestly beseech your majesty, that your royal authority and in- 
terposition may be used for our relief, and that a gracious answer may 
be given to this petition. That your Majesty may enjoy every felicity, 
through a long and glorious reign over loyal and happy subjects, and 
that your descendants may inherit your prosperity and dominions till 
time shall be no more, is, and always will be, our sincere and fervent 
prayer, 



166 GOVERNMEKT^L HISTORY 

Addrfss to thk peoplk of Great Britain.* 

Friends and fellow subjects.- 

When a nation led to greatness by the hand of liberty, and possessed 
of all the glory that heroism, munificence, and humanity can bestow, 
descends to the ungrateful task of forging chains for her friends and 
cliildren, and instead of giving support to freedom turns advocate for 
slavery and oppression, there is reason to suspect she has either ceased 
to be virtuous, or been extremely negligc^nt in the appointment of her 
rulers. In almost every age, in repeated conflicts, in long and bloody 
wars, as well civil as foreign, against many and powerful nations, against 
the open assault of enemies, and the more dangerous treachery of 
friends, have the inhabitants of your island, your great and glorious an- 
cestors, maintained their independence, and transmitted the rights of 
men, and the blessings of liberty to you their posterity. 

Be not surprised, therefore, that we, who are descended from the same 
common ancestors, that we, whose forefathers participated in all the 
rights, the liberties, and the constitution you so justly boast of, and who 
have carefully conveyed the same fair inheritance to us, guaranteed by 
the plighted faith of government, and the most solemn compacts with 
British Sovereigns, should refuse to surrender them to men, who found 
their claims on no principles of reason, and who prosecute them with a 
design, that by having our lives and property in their power they may, 
with the greater facility, enslave you. The cause of America is now the 
object of universal attention ; it has at length become very serious. 
This unhappy country has not only been oppressed, but abused and mis- 
represented, and the duty we owe to ourselves and posterity, to your in- 
terest, and the general welfare of the British Empire, leads us to address 
you on this very imi»ortant subject: — Know then, that we consider our- 
selves, and do insist, that we are and ought to be, as free as our fellow 
subjects in Britain, and that no power on earth has a right to take our 
property from us without our consent. That we claim all the benefits 
secured to the subject by the English Constitution, and particularly that 
inestimable one of Trial by Jury. That we hold it essential to English 
liberty, that no man be condemned unheard, or punished for supposed 
offences, without having an opportunity to make his defence. That we 
think the Legislature of Great Britain is not authorised by the Consti- 
tution to establish a religion fraught with sanguinary and impious tenets, 
or to erect an arbitrary form of government in any quarter of the globe. 
These rights we, as well as you, deem sacred. And yet sacred as they 
are, they have, with many others, been repeatedly and flagrantly violated. 
Are not the proprietors of Great Britain lords of their own soil I Can 
it be taken from them without their consent % Will they yield it to the 
* 'October, 1774. 



OF THE UNITED STATES. 167 

arbitrary disposal of any man, or number of men, whatever'? You know 
they will not. Why then are the proprietors of the soil of America less 
lords of their property than you are of yours 1 Or why should they 
submit it to the disposal of your Parliament, or of any other Parliament 
or Council in the world, not of their election '? Can the intervention of 
the sea that divides us cause disparity of rights, or can any reason be 
given why English subjects who live three thousand miles from the 
Royal Palace, should enjoy less liberty than those who are three hun- 
dred miles distant from it 1 Reason looks with indignation on such dis- 
tinctions, and freemen can never perceive their propriety. 

And yet, however chimerical and unjust such discriminations arc, 
the Parliament assert, that they have a right to bind us in all cases with- 
out exception, whether we consent or not ; that they may take and use 
our property when and in what manner they please ; that we are pen- 
sioners on their bounty for all that we possess, and can hold it no longer 
than they vouchsafe to permit. Such declarations we consider as here- 
sies in Eiiglisk^oWtics, and which can no more operate to deprive us of 
our property, than the interdicts of the Pope can divest Kings of Scep- 
tres, which the laws of the land and the voice of the People have placed 
in their hands. At the conclusion of the late war — a war rendered glo- 
rious by the abilities and integrity of a minister to whose efforts the 
British Empire owes its safety and fame — at the conclusion of this war, 
which was succeeded by an inglorious peace, formed under the auspices 
of a minister of principles, and of a family unfriendly to the Protestant 
cause, and inimical to liberty — we say at this period, and under the in- 
flence of that man, a plan for enslaving your fellow subjects in America 
was concerted, and has ever since been pertinaciously carrying into ex- 
ecution. Prior to this era you were content with drawing from us the 
wealth procured by our commerce. You restrained our Trade in every 
way that could conduce to your emolument. You exercised unbounded 
sovereignty over the sea. You named the ports and nations to which 
alone our merchandise should be carried, and with whom alone we 
should trade, and though some of these restrictions were grievous, we 
nevertheless did not complain ; we looked up to you as to our parent 
state to which we were bound by the strongest ties, and were happy in 
being instrumental to your prosperity and your grandeur. We call 
upon you yourselves to witness our loyalty and attachment to the com- 
mon interest of the whole Empire. Did we not, in the last war, add all 
the strength of this vast continent to the force which repelled our com- 
mon enemy 1 Did we not leave our native shores, and meet disease and 
death, to promote the success of British arms in foreign climates 1 Did 
you not thank us for our zeal, and even reimburse us large sums of 
nione}'^, which you confessed we had advanced beyond our proportion, 



168 GOVERNMENTAL HISTORY 

and far beyond our abilities 1 You did. To what causes then arc WG 
to attribute the sudden change of treatment, and that system of slavery 
which was prepared for us at the restoration of peace 1 Before we had 
recovered from the distresses which ever attend war, an attempt was 
made to drain this country of all its money, by the oppressive Stamp 
Act. Paint, Glass, and other commodities which you would not per- 
mit us to purchase of other nations, were taxed ; nay, although no 
Wine is made in any country subject to the British State, you prohibited 
our procuring it of foreigners, without paying a tax, imposed by your 
ParUamcnt, on all we imported. These and many other impositions 
were laid upon us most unjustly and unconstitutionally, for the express 
purpose of raising a R,evenue. In order to silence complaint, it was, in- 
deed, provided that this Revenue should be expended in America for 
its protection and defence. These exactions, however, can receive no 
justification from a pretended necessity of protecting and defending us. 
They are lavishly squandered on Court Favorites and Ministerial De- 
pendants, generally avowed enemies to America, and ^nploying them- 
selves,^by partial representation, to traduce and embroil the Colonies. 
For the necessary support of Government here, we ever were and ever 
shall be ready to provide. And whenever the exigencies of the State 
may require it, we shall, as we have heretofore done, cheerfully contri- 
bute our full proportion of men and money. To enforce this unconsti- 
tutional and unjust scheme of taxation, every force that the wisdom of 
our British ancestors had carefully erected against arbitrary power, has 
been violently thrown down in America, and the inestimable right of 
Trial by Jury taken aw^ay, in cases that touch both life and properly. 
It was ordained that whenever offences should be committed in the Colo- 
nies against particular i^cts imposing various duties and restrictions upon 
trade, the prosecutor might bring his action in Courts of Admiralty ; by 
which means the subject lost the advantage of being tried by an honest 
uninfluenced jury of the vicinage, and was subjected to the sad neces- 
sity of being judged by a single man, a creature of the Crown, and ac- 
cording to the course of a law which exempts the prosecutor from the 
trouble of proving his accusation, and obliges the defendant either to 
evince his innocence, or to suffer. To give this new judicatory the 
greater importance, and as if with design to protect false accusers, it is 
further provided that the .Judge's Certificate of there having been proba- 
ble causes of seizure and prosecution, shall protect the prosecutor from 
actions at Common Law for recovery of damages. 

By the course of our law, offences committed in such of the British 
dominions in which Courts are established and justice duly and regularly 
administered, shall be there tried by a jury of the vicinage. There the 
offenders and the witnesses are knovv'n, and the degree of credibility to 



OF THE UNITED STATES. 169 

be given to their testimony, can be ascertained. In all these Colonies 
justice is regularly and impartially administered, and yet by the con- 
Btruction of some, and the direction of other Acts of Parliament, offen- 
ders are to be taken by force, together with all such persons as may be 
pointed out as witnesses, and carried to England, there to be tried in a 
distant land, by a jury of strangers, and subject to all the disadvantages 
that result from want of friends, want of witnesses, and want of money. 

When the design of raising a revenue from the duties imposed on the 
importation of tea into America, had in a great measure been rendered 
abortive by our ceasing to iuiport that commodity, a scheme was con- 
certed by the ministry with the East India Company, and an act passed 
enabling and encouraging them to transport and vend it in the colonies. 
Aware of the dangers of giving success to this insidious manoeuvre, and 
of permitting a precedent of Taxation thus to be established among us, 
various methods were adopted to elude the stroke. The people of Boston, 
(then ruled by a Governor, whom, as well as his predecessor Sir 
Francis Bernard, all America considers as her enemy), were exceed- 
ingly embarrassed. The ships, which had arrived with the Tea, were 
by his management prevented from returning. The duties would have 
been paid ; the cargoes landed and exposed to sale ; a Governor's influ- 
ence would have procured and protected many purchasers. While the 
Town was suspended by deliberations on this important subject, the Tea 
was destroyed. Even supposing a trespass was thereby committed, and 
tlie proprietors of the tea entitled to damages, the courts of Law were 
open, and judges appointed by the crown presided in them. The East 
India Compariy, however, did not think proper to commence any suits 
nor did they even demand satisfaction either from individuals, or from 
the community in general. The ministry, it seems, officiously made the 
case their own, and the great council of the nation descended to inter- 
]ncddle with a dispute about private property. Divers papers^ letters, and 
other unauthenticated, ex parte evidence were laid before them ; neither 
the persons who destroyed the tea, nor the people of Boston were called 
upon to answer the complaint. The ministry, incensed by being disap- 
pointed in a favourite scheme, were determined to recur from the little 
acts of finesse, to open force and unmanly violence. The port of Boston 
was blocked up by a Fleet; and an army placed in the Town. Their 
trade was to be suspended, and thousands reduced to the necessity of 
gaining subsistence from charity, till they should submit to pass under 
the yoke and consent to become slaves, by confessing the omnipotence of 
Parliament, and acquiescing in whatever disposition they might think 
proper to make of their lives and property. 

Let justice and humanity cease to be the boast of your nation ! con- 
sult your history, examine youx* records of former transactions, nay, turn 

15 



170 GOVERNMENTAL HISTORY 

to the annals of the many arbitrary states and kingdoms that surround 
you, and show us a single instance of men condemned to sufTer for im- 
puted crimes, unheard, unquestioned, and without even the specious 
formalUy of a Trial, and that too by laws made expressly for the purpose, 
and which had no existence at the time of the fact committed. If it be 
difficult to reconcile these proceedings to the genius and temper of your 
Laws and Constitution, the task will become more arduous, when we 
call upon our ministerial enemies to justify, not only condemning men 
untried and by hearsay, but involving the innocent in one common pun- 
ishment with the guilt}-, and for the act of thirty or forty to bring poverty, 
distress and calamity to thirty thousand souls, and those not your enemies, 
but your friends, brethren, and fellow-subjects. 

It would be some consolation to us, if the catalogue of American 
oppressions ended here. It gives us pain to be reduced to the necessity 
of reminding you, that under the confidence reposed in the faith of 
Government, pledged in a royal charter from a British sovereign, the 
forefathers of the present inhabitants of the Massachusetts Bay left their 
former habitations, and established tliat gieat, flouris>hing, and loyal 
Colon3^ Without incurring or being charged with a forfeiture of their 
rights, without being heard, without being tried, without law, and with- 
out justice, by an Act of Parliament,' their charter is destroyed, tVieir 
liberties violated, their constitution and form of government changed : 
and ail this upon no better pretence, than because in one of their Towns 
a trespass was committed on some merchandize, said to belong to one of 
the Companies, and because the ministry were of opinion, that such high 
poUtical regulations were necessary to compel due subordination and 
obedience to their mandates. Nor are these the only capital grievances 
under which we labour. We might tell of dissolute, weak, and wicked 
Governors having been set over us ; of Legislatures being suspended for 
asserting the rights of British subjects ; of needy and ignorant dependants 
on great men, advanced to the seats of justice, and to other places of 
trust and importance ; of hard restrictions on commerce, and a great 
variety of lesser evils, the recollection of wliich is almo.st lost under the 
weight and pressure of greater and more poignant calamities. 

Now rtiark the progression of the Ministerial plun for ensktving vs. 
Well aware that such hardy attempts to take our property from us, to 
deprive us of that valuable right, of Trial by Jury, to seize our Ports, to 
destroy our charters, and change our forms of government, would occa- 
sion, and had already occasioned great discontent in the colonies, which 
might produce opposition to these mea.sures ; an act was passed to pro- 
tect, indemnify, and screen from punishment, such as might be guilty 
even of murder, in endeavouring to carry their oppressive edicts into 
execution j and by another act the dominion of Canada is to be so ex- 



OF THE UNITED STATES. 171 

tended, modelled and governed, as that by being disunited from us, 
detached from our interests, by civil as well as religious prejudices — that 
by their numbers daily swelling by catholic emigrants from Europe, and 
by their devotion to administration, so friendly to their Religion, they 
might become formidable to us ; and on occasion be fit instruments in the 
hands of power, to reduce the ancient, free, Protestant Colonies to the 
same state of slavery with themselves. This was evidently the object of 
the Act, and in this view, being extremely dangerous to our liberty and 
quiet, we cannot forbear complaining of it as hostile to British America. 
Superadded to these considerations, v/e cannot help deploring the un- 
happy condition to which it has reduced the many English settlers, who 
encouraged by the royal proclamation, promising the enjoyment of all 
their rights, have purchased estates in that country. They are now the 
subjects of an arbitrary government, deprived of Trial by Jury, and 
when iaiprisoned cannot claim the benefit of the Habeas Corpus Act^ 
that great bulwark and palladium of English liberty. Nor can we sup- 
press our astonishment that a British ParUament should ever consent to 
establish in that country, a Religion that has deluged your Island in 
blood, and dispersed impiety, bigotry, persecution, murder and rebeUion 
through every part of the world. 

This being the true state of facts, let us beseech you to consider to 
what end they'Iead. Admit that the ministry, b}'^ the powers of Britain, 
and the aid of our Roman Catholic neighbors, should be able to carry 
the point of Taxation, and reduce us to a state of perfect humiliation and 
slavery. Such an enterprise would doubtless make some addition to 
your national debt, which already presses down your liberties, and fills 
you with pensioners and placemen. We presume also, that your com- 
merce will somewhat be diminished. However, suppose you should 
prove victorious, in what condition will you then be 1 What advantages 
or what laurels will you reap from such a conquest 7 May not a minis- 
try with the same armies enslave you; it may bo said, you will cease to 
pay them, but remember the taxes from America, the v/ealth, and wo 
may add the men, and particularly the P^oman Catholics of this vast 
Continent, v/ill then be in the power of your enemies ; nor will you have 
any reason to expect, that after making slaves of us, many among us 
should refuse to assist in reducing you to the same abject state. Do 
not treat this as chimerical. Know that in less than half a century, the 
quit- rents reserved to the Crown, from the numberie.ss grants of this vast 
Continent, will pour large streams of wealth into the Royal coffers ; and 
if to this be added the power of taxing America at pleasure, the Crown 
will be rendered independent of you for supplies, and will possess more 
treasure than may be necessary to purchase the remains of liberty in 



172 GOVERNMENTAL HISTORY 

your island. In a word, take care that you do not fdll into the pit that 
is preparing for us. 

We believe there is yet much virtue, much justice, and much public 
spirit in the English nation — to that justice we now appeal. You have 
been told that we are seditious, impatient of government, and desirous of 
independency. Be assured that these are not fiicts, but calumnies. Per- 
mit us to be free as yourselves and we shall ever esteem a union with 
you to be our greatest glory and our greatest happiness. We shall ever 
be ready to contribute all in our power to the glory of the empire. We 
shall consider your enemies as our enemies, and your interest as our own. 
But if you are determined that your ministers shall wantonly sport with 
the rights of mankind — if neither the voice of justice, the dictates of the 
law, the principles of the constitution, nor the suggestions of humanity 
can restrain your hands from shedding human blood in such an impious 
cause, we must then tell you that we will never submit to be hewers of 
wood or drawers of water for any Ministry or Nation in the world. 
Place us in the same situation that we were at the close of the last war* 
and our former harmony will be restored. 

But lest the same supineness and the same inattention to our common 
interests which you have for several years shewn, should continue, we 
think it prudent to anticipate the consequences. By the destruction of 
the trade of Boston the ministry have endeavored to induce submission to 
their measures. The like fate may befall us all. We will endeavor, 
therefore, to live without trade, and recur for subsistence to the fertility 
and bounty of our native soil, which will afford us all the necessaries 
and some of the conveniences of life. We have suspended our importa- 
tions from Great Britain and Ireland ; and in loss than a year's time, un- 
less our grievances should be redressed, shall discontinue our exports to 
those kingdoms and the West Indies. It is with the utmost regret, how- 
ever, that we find ourselves compelled, by the over-ruling principles of 
self-preservation, to adopt measures detrimental in their consequences to 
numbers of our fellow-subjects in Great Britain and Ireland. But we 
hope that the magnanimity and justice of the British nation will furnish 
a Parliament of such wisdom, independence, and public spirit, as may 
save the violated rights of the whole empire from the devices of wicked 
ministersand evil counsellors, whether in or out of otTice ; and thereby 
restore that harmony, friendship, and fraternal affection, between all the 
inhabitants of his Majesty's kingdoms and territories, so ardently sought 
for by every true and honest American. 

♦ 1763. 



op the united states. 178 

Address to the People of the Colonies.* 

Friends and Countrymen, 

We the Delegates appointed by the good 
people of these colonies to meet at Philadelphia in Sep- 
tember last, for the purposes mentioned by our respec- 
tive constituents, have, in pursuance of the trust reposed 
in us, assembled, and taken into our most serious con- 
sideration the important matters recommended to the 
Congress. Our resolutions thereupon will be herewith 
communicated to you. But as the situation of public 
affairs grows daily more and more alarming ; and as it 
may be more satisfactory to you to be informed by us 
in a collective body, than in any other manner, of those 
sentiments that have been approved upon a full and 
free discussion, by the representatives of so great a part 
of A7nerica, we esteem ourselves obliged to add this 
address to these resolutions. In every case of opposi- 
tion by a people to their rulers, or of one state to another, 
duty to Almighty God, the Creator of all, requires that 
a true and impartial judgment be formed of the mea- 
sures leading to such opposition, and of the causes by 
which it has been provoked, or can in any degree be 
justified, that neither affection on the one hand nor re- 
sentment on the other, being permitted to give a wrong 
bias to Reason, it may be enabled to take a dispassion- 
ate view of all circumstances, and to settle the j^uhlic 
conduct on the solid foundations of vnsdorn and jus- 
tice. From councils thus tempered arise the surest 
hopes of the Divine favour, the firmest encouragement 
to the parties engaged, and tlie strongest recommenda- 
tion of their cause to the rest of mankind. AVith minds 
deeply impressed by a sense of these truths, we have 

* October, 1774. 

15* 



174 GOVERNMENTAL HISTORY 

dilio^ently, deliberately and calmly inquired into and 
considered those exertions, both of the Legislative and 
Executive power of Great Britain^ which have ex- 
cited so much uneasiness in America ; and have with 
equal fidelity and attention considered the conduct of 
the colonies. Upon the whole, we find ourselves re- 
duced to the disao^reeable alternative of beinof silent and 
betraying the innoceiit, or of speaking out and censur- 
ing those we wish to revere. In making our choice of 
these distressing difficulties, we prefer the course dicta- 
ted by honesty and a regard for the welfare of our 
country. 

Soon after the conclusion of the late war, there 
commenced a memorable change in the treatment of 
these colonies. By a statute made in the fourth year 
of the present reign, a time of profound peace, al lodg- 
ing ' the expediency of new provisions and regulations 
for extending the commerce between Great Britain 
and His Majesty's dominions in America^ and the ne- 
cessity of raising a revenue in the said dominions for 
defraying the expenses of defending^ protecting, and 
securing the same,' the Commons of Great Britain 
undertook to give and grant to His Majesty many 
rates and duties to be paid in these colonies. To en- 
force the observance of this Act, it prescribes a great 
number of severe penalties and forfeitures ; and in two 
sections makes a remarkable distinction between the 
subjects in Great Brita'n and those in A7?icrica. By 
the one the penalties and forfeitures incurred there, are 
to be recovered in any of the king's Courts of Record 
at Westminster, or in the Court of Exchequer in Scot- 
land ; and by the other the penalties and forfeitures 
incurred here, are to be recovered in any Court of Re- 
cord, or in any Court of Admiralty, or Vice Admiralty^ 



OF THE UNITED STATES. 175 

at the election of the informer or prosecutor : The in- 
habitants of these colonies, confiding in the justice of 
Great Britain^ were scarcely allowed sufficient time 
to receive and consider this Act, before another, well 
known by the name of the Stamp Act, and passed in 
the fifth year of this reign, engrossed their whole atten- 
tion. By this statute the British Parliament exercised 
in the most explicit manner a power of taxing us, and 
extending the jurisdiction of Courts of Admiralty and 
Vice Admiralty, in the colonies, to matters arising 
within the body of a county, and directed the numerous 
penalties and forfeitures thereby inflicted, to be recov- 
ered in ihe said Courts : In the same year a tax was 
imposed upon us, by an Act establishing several new 
fees in the Customs : In the next year the tSlamp Act 
was repealed ; not because it was founded in an erro- 
neous principle, but, as the repealing Act recites, be- 
cause ' the continuance thereof would be attended with 
many inconveniences, and might be productive of con- 
sequences greatly detrimental to the commercial inter- 
ests of Great Britain.' In the same year, and by a sub- 
sequent Act, it was declared ' that His Majesty in Par- 
liament, of right, had power to bind the people of these 
colonies by statutes in all cases whatsoever .*' In the 
same year, another Act was passed for imposing rates 
and duties payable in these colonies. In this statute 
the Commons, avoiding the terms of giving and grant- 
ing, ' humbly besought His Majesty that it might be 
enacted,' &c. But from a declaration in the preamble, 
that the rates and duties were in lieu of several others 
granted by the statute first before mentioned /or raisirig 
a revenue, and from some other expressions, it appears 
that these duties were intended /or that purpose. In 



176 GOVERNMENTAL HISTORY 

tlie next year* an Act was made ' to enable His Majesty 
to put tlie Ciistoii.s and otJier duties in America^ under 
the management of Commisbioners,' (fee., and the king 
therefore erected the present expensive Board of Com- 
missioners, for the express purpose of carrying into ex- 
ecution the several Acts relating to the revenue and 
trade in America. 

After the repeal of the Stamp Act, having again 
resigned ourselves into our ancient unsuspicious affec- 
tions for the parent state, and anxious to avoid any con- 
troversy with her, in hopes of a fiworable alteration in 
sentiments and measures towards us, we did not press 
our objections against the above mentioned statutes 
made subsequent to that repeal. Administration, attri- 
buting to trifling causes a conduct which really pro- 
ceeded from generous motires, were encouraged in the 
same yearf to make a bolder experiment on the patience 
of America. By a statute commonly called the Glass, 
Paper, and Tea, Act, made fifteen months after the 
repeal of the Stamp Act, the Commons of Great 
Britain resumed their former language, and again un- 
dertook to ^ give and grant rates and duties to he paid, 
in these colonies,^ for the express purpose of ' raising 
a revenue to defray the charges of the administration 
of justice, the support of civil government, and de- 
fendinsr the king^s dominions on this continent.' The 
penalties and forfeitures, incurred under this statute, 
are to be recovered in the same manner with those 
mentioned in the foregoing Acts. To this statute so 
naturally tending to disturb tlie tranquillity then uni- 
versal throughout the colonies, Parliament in the same 
session added another no less extraordinary. Ever 
since the making of the present peace, a standing ariny 
♦ 17G7. 1 1767. 



OF THE UNITED STATES. 177 

lias been kept in these colonies. From respect to the 
mother country, the innovation was not only tolerated, 
but the Provincial legislatures generally made provision 
for supplying the troops. The Assemby of the Prov- 
ince of New York having passed an Act of this kind, 
but differing in some articles from the directions of the 
Act of Parliament made in the fifth year of this reign, 
the House of Representatives in that colony, was pro- 
hibited, by a statute made in the last session mentioned, 
from making any Bill, Order, Resolution or Yote, ex- 
cept for adjourning or choosing a speaker, until pro- 
vision should be made by the said Assembly for fur- 
nishing the troops within that Province, not only with 
all such necessaries as were required by the statute 
which they were charged with disobeying, but also 
with those required by two other subsequent statutes, 
which were declared to be in force until the twenty- 
fourth day of March, 1769 : These statutes of the year 
1767 revived the apprehensions and discontents that 
had entirely subsided on the repeal of the Stamp Act ; 
and amidst the just fears and jealousies thereby occa- 
sioned, a statute was made in the next year* to establish 
Courts of Admiralty and Vice Admiralty on a new 
model, expressly for the end of more effectually recov- 
ering of the penalties and forfeitures inflicted by the 
Acts of Parliament framed for the purpose of raising a 
revenue in America, &c. 

The immediate tendency of these statutes is, to 
subvert the right of having a share in legislation, by 
rendering Assemblies useless ; the right of property, by 
taking the money of the colonists without their consent ; 
the right of trial by jury, by substituting in their place 
trials in Admiralty and Vice Admiralty Courts, where 
* 1768. 



178 GOVERNMENTAL HISTORY 

single judges preside, holding their commissions during 
pleasure ; and nndiUy to influence the Courts of Com- 
mon Law, by rendering the judges thereof totally de- 
pendant on the Crown for their salaries. These stat- 
utes, not to mention many others exceedingly excep- 
tionable, compared one with another, will be found not 
only to form a regular system, in which every part has 
great force, but also a pertinacious adherence to that 
system, for subjugating these colonies, that are not, and 
from local circumstances cannot be represented in the 
House of Commons, to the uncontroulable and unlimited 
power of Parliament, in violation of their undoubted 
rights and liberties, in contempt of their humble and 
repeated supplications. This conduct must appear 
equally astonishing and unjustifiable, when it is con- 
sidered how unprovoked it has been by any behaviour 
of these colonies. From their first settlement their 
bitterest enemies never fixed upon them a charge of 
disloyalty to their sovereign or disaffection to the 
mother country. In the wars she has carried on, they 
have exerted themselves whenever required, in giving 
her assistance ; and have rendered her services, v%'hich 
she has publicly acknowledged to be extremely import- 
ant. Their fidelity, duty, and usefulness during the 
last war, w^ere frequently and affectionately confessed by 
His late Majesty and the present king. The reproach- 
es of those, who are most unfriendly to the freedom of 
America, are principally levelled against the Province 
of Massachusetts Bat ; but with what little reason, 
will appear by the following declarations of a person, 
the truth of whose evidence, in their favor, will not be 
questioned. — Governor Bernard thus addresses the two 
Houses of Assembly, in his speech on the tw^enty-fourth 
of April, 1762—' The unanimity and despatch with 



OF THE UNITED STATES. 179 

which you have complied with the requisitions of His 
Majesty require my particular acknowledgment. And 
it gives me additional pleasure to observe, that you 
have therein acted under no other influence than a due 
sense of your duty, both as members of a general Em- 
pire, and as the body of a particular Province.' In 
another speech on the twenty-seventh of May in the 
same year, he says — ' Whatever shall be the event of 
the war, it must be no small satisfaction to us that this 
Province hath contributed its full share to the support 
of it. Everj/ thing that hath been required of it hath 
been complied with, and the execution of the powers 
committed to me for raising the provincial troops hath 
been as full and complete as the grant of them. Never 
before were regiments so easily levied, so well com- 
posed, and so early in the field as they have been this 
year ; the common people seemed to be animated with 
the spirit of the General Court, and to vie with them 
in their readiness to serve the king.' 

Such was the conduct of the people of the Massa- 
chusetts Bay during the last war. As to their be- 
haviour before that period, it ought not to have been 
forgot in Great Britain^ that not only on every occa- 
sion they had constantly and cheerfully complied with 
the frequent royal requisitions — but that chiefly by 
their vigorous elforts Nova Scotia, was subdued in 
1710, and Louisbourg in 1745 : Foreign quarrels be- 
ing ended, and the domestic disturbances that quickly 
succeeded on account of the Sta?np Act being quieted 
by its repeal, the Assembly of Massachusetts Bay 
transmitted an humble address of thanks to the king 
and divers noblemen, and soon after passed a Bill grant- 
ing compensation to the sufferers in the disorder occa- 
sioned by that Act. These circumstances and the fol 



180 GOVERNMENTAL HISTORY 

lowing extracts from Governor Bernard's letters in 
1768, to the Earl of Slielburne, Secretary of State, 
clearly show with what grateful tenderness they strove 
to bury in oblivion the unhappy occasion of the late 
discords, and with what respectful deference they en- 
deavored to escape other subjects of future controversy : 
'• The House, (says the Governor) from the time of 
opening the session to this day, has shown a disposi- 
tion to avoid all dispute with me, every thing having 
passed with as much good humour as I could desire, 
except only their continuing to act in addressing the 
king, remonstrating to the Secretary of State, and em- 
ploying a separate agent. It is the importance of this 
innovation, without any Avilfulness of my own, which 
induces me to make this remonstrance at a time when 
I have a fair prospect of having iri all other business 
nothing but good to say of the proceedings of the 
House."* " They have acted in all things, even in 
their remonstrance, witJt temper and moderation ; 
they have avoided some subjects of dispute, and have 
laid a foundation for removing some causes of former 
altercation.''t " I shall make such a prudent and pro- 
per use of this letter as, I hope, will perfectly restore the 
peace and tranquillity of this Province, for which pur- 
pose considerable steps have been made by the House of 
Representatives."!: The vindication of the Province of 
Massachusetts Bay contained in these letters, will 
have greater force, if it be considered that they were 
written several months after the fresh alarm given to the 
colonies by the statutes passed in the preceding year. In 
this place it seems proper to take notice of the insinuation 
of one of these statutes, that the interference of Parlia- 
ment was necessary to provide for ' defraying the charge 

* January 21, 17G8, t January 30, 1768. ; February 2, 1769. 



OF THE UNITED STATES. 181 

of the administration of justice, the support of civil 
government, and defending the king's dominions in 
America ;' As to the two first articles of expense, every 
colony had made such provision as by their respective 
Assemblies, the best judges on such occasions, was 
thought expedient and suitable to their several circum- 
stances : Respecting the last ; it is well known to all 
men the least acquainted with America?i affairs, that 
tlie colonies were established, and generally defended 
themselves, without the least assistance from Great 
Britain ; and that at the time of her taxing them by 
the statutes before mentioned, most of them were labour- 
ing under very heaver debts contracted in the last war. 
So far were they from sparing their money when their 
sovereign constitutionally asked their aids, that during 
the course of that war Parliament repeatedly made 
them compensations for the expenses of those strenuous 
efforts, which, consulting their zeal rather than their 
strength, they had cheerfully incurred. Severe as the 
Acts of Parliament before mentioned are, yet the con- 
duct of Administration hath been equally injurious and 
irritating, to this devoted coimtry. Under pretence of 
governing them, so many new institutions, uniformly 
rigid and dangerous, have been introduced as could 
only be expected from incensed masters, for collecting 
the tribute, or rather the plunder of conquered Provin- 
ces. By order of the king, the autliority of the Com- 
mander in Chief, and, under him, of the Brigadier - 
Generals, in time of 'peace ^ is rendered supreme in all 
the civdl governments in America ; and thus an un- 
controulable military power is vested in officers not 
known to the Constitution of these colonies. A large 
body of troops, and a considerable armament of ships 
of war, have been sent to assist in taking their money 

16 



182 GOVERNMENTAL HISTORY 

without their consent — expensive and oppressive offices 
have been multiplied, and the arts of corruption indus- 
triously practiced to divide and destroy — the judges of 
the Admiralty and Vice Admiralty Courts are empow- 
ered to receive their salaries and fees from the effects 
to be condemned by themselves — the Commissioners 
of the Customs are empowered to break open and enter 
houses without the authority of any civil magistrate 
founded on legal information — ^judges of Courts of Com- 
mon Law have been made entirely dependant on the 
Crown for their commissions and salaries — a Court has 
been established at Rhode Island for the purpose of 
takins: colonists to Ensrland to be tried — humble and 
reasonable petitions from the Representatives of the 
People have been frequently treated with contempt ; 
and Assemblies have been repeatedly and arbitrarily 
dissolved — from some few instances it will sufficiently 
appear on what pretences of justice these dissolutions 
have been founded. 

The tranquillity of the colonies having been again 
disturbed, as has been mentioned, by the statutes of the 
year 1767, the Earl of Hillsborough, Secretary of State, 
in a letter to Governor Bernard, dated April 22, 1768. 
censures the lyresnmytion of the House of Representa- 
tives for " resolving upon a measure of so inflammatory 
a nature as that of writing to the other colonies on the 
subject of their intended representalions against some 
late Acts of Parliament^'''' then declares that " His 
Majesty considers this step as evidently tending to cre- 
ate unwarrantable combinations to excite an unjustifia- 
ble opposition to the Constitutional authority of Par- 
liament" — and afterwards adds, " It is the king^s plea- 
sure, that as soon as the General Court is again assem- 
bled, at the time prescribed by the Charter, you should 



OF THE UNITED STATES. 183 

require of the House of Representr.tives, in His Majes- 
ty's name, to rescind the resolution which gave birth 
to the circular letter from the speaker, and to declare 
their disapprobation of and dissent to that rash and 
hasty proceeding. If the new assembly should refuse 
to comply with His Majesty's reasonable expectation it 
is the king's pleasure that you should immediately dis- 
solve them." 

This letter being laid before the House, and the 
resolutions not being rescinded according to order, the 
assembly was dissolved. A letter of a similar nature 
was sent to other Governors to procure resolutions 
approving the conduct of the Representatives of Mas- 
sachusetts Bay to be rescinded also ; and the Houses 
of Representatives in other colonies refusing to comply, 
assemblies were dissolved : these mandates spoke a 
language to which the ears of English subjects had for 
several generations been strangers. The nature of 
assemblies implies a power and right of deliberation, 
but these commands, proscribing the exercise of judg- 
ment on the propriety of the requisitions made, left to 
the Assemblies only the election between dictated sub- 
mission, and threatened punishment : a punishment 
too, founded on no other Act, than such as is deemed 
innocent even in slaves — of agreeing in Partitions for 
Redress of grievances that equally effect all : the hostile 
and unjustifiable invasion of the Town of Boston soon 
followed these events in the same year ; though that 
Town, the Province in which it is situated, and all the 
colonies, from abhorrence of a contest with their parent 
state, permitted the execution even of those statutes, 
against which they so unanimously were complaining, 
remonstrating and supplicating. 

Administration, determined to subdue a soirit of free- 



184 GOVERNMENTAL HISTORY 

dom, which English Ministers should have rejoiced to 
cherish, entered into a monopolizing combination with 
the East India Company, to send to this continent 
vast quantities of Tea, an article on which a duty was 
laid hy a statute, tliat, in a particular manner, attacked 
the liberties of America, and wliich therefore, the in- 
habitants of these colonies had resolved not to import. 
The carsro sent to South Carolina was stored and not 
allowed to be sold. Those sent to Philadelphia and 
New York were not permitted to be landed. That 
sent to Boston was destroyed, because Governor Hutch- 
inson would not suffer it to be returned. On the 
intelliofence of these transactions arriving^ in Great 
Britain, the public spirited Town last mentioned, was 
singled out for destruction, and it was determined the 
Province it belongs to should partake of its fate. In 
the last session of Parliament therefore were passed the 
acts for shutting up the Port of Boston, indemnifying 
the murderers of the inhabitants of Massachusetts Bay, 
and changing their chartered constitution of Govern- 
ment. To enforce these acts, that Province is again 
invaded hy a fleet and army. To mention these out- 
rageous proceedings is sufficient to explain them. For 
though it is pretended that the Province of Massachu- 
setts Bay has been particularly disrespectful to Great 
Britain, yet in truth the behaviour of the People in 
other colonies has been an equal " opposition to the 
power assumed by Parliament." No step however has 
been taken against any of the rest. This artful conduct 
conceals several designs. It is expected that the Pro- 
vince of Massachusetts Bay will be irritated into some 
violent action that may displease the rest of the conti- 
nent, or that may induce the people of Great Britain 
to approve the meditated vengeance of an imprudent 



OF THE UNITED STATES. 185 

and exasperated Ministry. If the unexampled pacific 
temper of that Province shall disappoint this part of 
the plan, it is hoped the other colonies will be so far 
intimidated as to desert their brethren suffering in a 
common cause, and that thus disunited all may be sub- 
dued. To promote these designs another measure has 
been pursued. In the session of parliament last men- 
tioned, an act was passed for changing the government 
of Quebec, by which act the Roman Catholic Religion, 
instead of being tolerated as stipulated by the Treaty 
of Peace, is established; and the people there are 
deprived of a right to an assembly. Trials by Jury, and 
the English Laws in civil cases are abolished, and 
instead thereof the French Laws are established, in 
direct violation of his Majesty's promise by his Royal 
Proclamation, under the faith of which many English 
subjects settled in that Province ; and the limits of that 
Province are extended so as to comprehend those vast 
regions that lie adjoining to the northerly and westerly 
boundaries of these colonies. The authors of this 
arbitrary arrangement flatter themselves that the in- 
habitants, deprived of liberty, and artfully provoked 
against those of another religion, will be proper instru- 
ments for assisting in the oppression of such as differ 
from them in modes of Government and Faith. From 
the detail of facts herein before recited, as well as from 
authentic intelligence received, it is clear beyond a 
doubt, that a resolution is formed and now carrying in- 
to execution, to extinguish the freedom of these 
colonies by subjecting them to a despotic government. 
At this unhappy period, we have been authorised 
and directed to meet and consult together for the wel- 
fare of our common country. We accepted the import- 
ant trust with diffidence, but have endeavored to dis- 



16 



186 GOVERNMENTAL HISTORY 

charge it witli integrity. Thongli tlie state of these 
colonies would certainly justify oth r measures than 
we have advised, yet weighty reasons determined us to 
prefer those we have adopted. In the first place, it ap- 
peared to us a c6nduct becoming the character these 
colonies have ever sustained, to perform, even in the 
midst of the unnatural distresses and imminent dan- 
gers that surround them, every act of loyalty, and 
therefore, we were induced once more to offer to His 
Majesty the petitions of his faithful and oppressed sub- 
jects in America : Secondly, regarding with the ten- 
der affection, which we knew to be so universal among 
our countrymen, the people of the kingdom from which 
we derive our origin, we could not forbear to regulate 
our steps by an expectation of receiving full conviction, 
that the colonists are equally dear to them. Between 
these Provinces and that body subsists the social bond, 
which we ardently wish may never be dissolved, and 
which cannot be dissolved until their minds shall be- 
come indisputably hostile, or their inattention shall 
permit those who are thus hostile to persist in prose- 
cuting with the powers of the realm, the destructive 
measures already operating against the colonists ; and, 
in either case, shall reduce the latter to such a situation, 
that they shall be compelled to renounce every reirard 
but that of self-preservation. Notwithstanding the 
violence with which affairs have been impelled, they 
have not yet reached that fatal point. We do not in- 
cline to accelerate their motion, already alarmingly 
rapid; we have chosen a method of opposition that 
does not preclude a hearty reconciliation with our fel- 
low-citizens on the other side of the Atlantic. We 
deeply deplore the urgent necessity tliat presses us to 
an immediate interruption of commerce that may prove 



.: 



OF THE UNITED STATES. 187 

injurious to them. We trust they will acquit us of any 
unkind intentions towards them, by reflecting, that v/e 
are driven by the hands of violence into unexperienced 
and unexpected public convulsions, and that we are 
contending for that freedom so often contended for by 
our ancestors. The people of England will soon have 
an opportunity of declaring tlieir sentiments concern- 
ing our cause. In their piety, generosity, and good 
sense, we repose high confidence ; and cannot, upon a 
review of past events, be persuaded that they, the De- 
fenders of true relisfion, and the asserters of the riMits 
of mankind, will take part against their affectionate 
Protestant brethren in the colonies, in favour of our 
open and their own secret enemies, whose intrigues, 
for several years past, have been wholly exercised in 
sapping the foundations of civil and religious liberty. 

Another reason that engaged us to prefer the com- 
mercial mode of opposition, arose from an assurance 
that the mode will prove more efficacious, if it be per- 
sisted in with fidelity and virtue ; and that your con- 
duct will be influenced by these laudable principles 
cannot be questioned. Your own salvation, and that 
of your posterity now depends upon yourselves. You 
have already shown that you entertain a proper sense 
of the blessings you are striving to retain. Against the 
temporary inconveniences you may suffer from a stop- 
page of trade, you will weigh in the opposite balance 
the endless miseries you and your descendants must 
endure from an established arbitrary power. You will 
not forget the honor of your country, that must, from 
your behaviour take its title in the estimation of the 
world to glory or to shame : and you will, with the 
deepest attention, reflect that if the peaceable mode of 
opposition recommended by tis be broken and rendered 



188 GOVERNMENTAL HISTORY 

ineffectual, as your cruel and haughty ministerial ene- 
mies, from a contemptuous opinion of your firmness 
insolently predict will be the case, you must inevitably 
be reduced to choose, either a more dangerous contest, 
or a final, ruinous, and infxmous submission. 

Motives thus cogent, arising from the emergency of 
your unhappy condition, must excite your utmost dili- 
gence and zeal, to give all possible strength and energy 
to the pacific measures calculated for your relief But 
we think, ourselves bound in duty to observe to you, 
that the schemes ao^itated aorainst the colonies have 

C5 O 

been so conducted as to render it prudent that you 
should extend your views to mournful events, and be 
in all respects prepared for every contingency. Above 
all things we earnestly entreat you, with devotion of 
spirit, penitence of heart, and amendment of life, to 
humble yourselves, and implore the favour of Almighty 
God ; and we earnestly beseech his Divine goodness to 
take you into his gracious protection." 

An address was also directed to the inhabitants of 
the Province of duebec (Canada), which, after setting 
forth the rights to which they were entitled under the 
English constitution, and the violations of them by 
these recent measures of the administration, and enact- 
ments of Parliament, and inviting them to unite with 
the colonies in the measures by which they sought to 
redress their grievances, concludes — " we do not ask 
you, by this address, to commence acts of hostility 
against the government of our common sovereign. 
We only invite you to consult your own glory and 
welfare, and not to suffer yourselves to be inveigled or 
intimidated by infamous Ministers, so far, as to become 
the instruments of their cruelty and despotism ; but to 
unite with us in one social compact, formed on the 



OP THE UNITED STATES. 189 

generous principle of equal liberty, and cemented by 
such an exchange of beneficial and endearing oflices 
as to render it perpetual. In order to complete this 
highly desirable union, we submit it to your considera- 
tion, whether it may not be expedient for you to meet 
toofether in your several Towns and Districts, and elect 
Deputies, who. afterwards meeting in a Provincial 
Congress, may choose Delegates to represent your 
Province in the Continental Congress to be held at 
Philadelphia on the tenth day of May 1775. In this 
present Congress, beginning on the fifth of the last 
month,* and continued to this day,t it has been, with 
universal pleasure and an unanimous vote, resolved, 
that we would consider the violation of your rights, by 
the act for altering the Government of your Province, 
as a violation of our own, and that you should be in- 
vited to accede to our Confederation, which has no 
other objects than the perfect security of the natural 
and civil rights of all the constituent members, accord- 
ing to their respective circumstances ; and the preser- 
vation of a happy and lasting connection with Great 
Britain, on the salutary and constitutional principles 
herein before mentioned. For effecting these purposes 
we have addressed an humble and loyal Petition to his 
Majesty, praying relief of our and your grievances ; and 
have associated to stop all importations from Great 
Britain and Ireland, after the first day of December; 
and all exportations to those Kingdoms and the West 
Indies after the tenth day of next September; unless 
the said grievances are redressed. That Almighty 
God may incline your minds to approve our equitable 
and necessary measures, to add yourselves to us, to put 
your fate, whenever you suffer injuries which you are 
* September, 1774. t October 26. 



190 GOVERNMENTAL HISTORY 

determined to oppose, not on the small influence of 
your single Province, but on the consolidated powers 
of North America ; and may grant to our joint exer- 
tions an event as happy as our cause is just, is the 
fervent prayer of us, your sincere and affectionate 
friejids and fellow subjects." 

Letters of a similar character were addressed also to 
the inliabitants of Nova Scotia, St. Johns, Georgia and 
the Floridas. The congress adjourned on the twenty- 
sixth of October, having appointed to meet again at the 
same place on the tenth day of May then next.* Their 
proceedings were made public, and freely circulated, 
after their adjournment, and were received throughout 
the country with grateful approbation. 



CHAPTER IX. 

While such was the posture of affairs in America, 
the proceedings which were going on in Great Britain 
were equally interesting and important. The mer- 
chants of London and of Bristol, the manufacturers of 
Sheffield and of Birmingham, and the traders and plant- 
ers of the West Indies, all felt the disastrous effects of 
the suspension of their trade with the colonies, while 
thousands of the people were thrown out of employ- 
ment, and deprived even of the means of subsistence. 
At its next sessiont Parliament was flooded with pe- 
titions from these several sources, praying them to adopt 
such measures as should have a tendency to re-open 
the commercial intercourse between the two countries, 
♦ 1775. t January, 1775. 



OF THE UNITED STATES. 191 

and thus avert the ruin and misery which threatened to 
overwhehn them. The address of the American Con- 
gress to the King had been transmitted, but His Majesty, 
regarding them as an illegal body, refused to receive it, 
and referred it to Parliament. Parliament also refused, 
for the same reason, to give it their attention. It was but 
reasonable to suppose, that coming before the Crown, 
or into the councils of the nation, as it did, with such 
an array of popular sentiment in favor of the position 
taken by the colonies, t! e petition of so respectable a 
body, so fully empowered, would have received some 
consideration. But it was rejected, and the petitions 
of her own subjects at home were scarcely regarded, 
by men claiming to be the servants of the State, but 
who " had never looked at the whole of the complicated 
interests of the kingdom in one connected view : who 
had taken things by bits and scraps, just as they 
pressed, without regard to their relations and depend- 
ancies : who never had any system, right or wrong, 
but only occasionally invented some miserable tale of 
the day, in order meanly to sneak out of difficulties 
into which they had proudly strutted."* The cause of 
America found an able and elocpaent champion in Lord 
Chatham, who had now returned to Parliament, after 
an absence of several years from the councils of the 
nation, occasioned by sickness and infirmity. Lord 
Dartmouth, then Secretary of State for the American 
Department, submitted sundry documents to the House, 
among which, undistinguished by any particular refer- 
ence, was the petition of the Congress to the king. 
Lord Chatham thereupon moved an address to the king 
to recall His Majesty's troops from Boston. " The 
Americans," he said, '' sore under injuries and irritated 
* Burke. 



192 GOVERNMENTAL HISTORY 

by wrongs, stript of their inborn rights and dearest 
privileges, have resisted oppression, and entered into 
confederacies to preserve their common liberties. Un- 
der this idea, the colonists have appointed men compe- 
tent to so great an undertaking, to consider and devise 
the most effectual means for maintaining so inestimable 
a blessing. Invested with this right by the choice of a 
free people, these delegates have deliberated with pru- 
dence, with wisdom, and with spirit ; and, in conse- 
quence of these deliberations, have addressed the justice 
and the honor of their country. This is their fault, 
this is their crime ; they have petitioned for that 
without which a free peojde cannot possibly exist. 
Much has been said of late about the authority/- of Par- 
liament. Its Acts are held up as sacred edicts, de- 
manding implicit submission, because, if the supreme 
power does not lodge somewhere operatively and 
effectively, there must be an end to all legislation. But 
they who thus argue, or rather dogmatise, do not see 
the whole of this question on great, wise, and liberal 
grounds. In every free state the Constitution is fixed, 
and all legislative power and authority, wheresoever 
placed, either in collective bodies or individuals, must 
be derived under the established polity from Avhich they, 
are framed. Therefore, however strong and effective 
Acts of legislation may be, when they are formed in the 
spirit of this Constitution, yet when they resist its prin- 
ciples, or counteract its provisions, they attack their 
own foundation ; for it is the Constitution, and tJie 
Constitution only, which limits both sovereignty and 
allegiance. This doctrine is no temporary doctrine, 
taken up on particular occasions, to answer particular 
purposes, it is involved in no metaphysical doubts and 
intricacies ; but clear, precise, and determinate ; it is 



OF THE UNITED STATES. 193 

recorded in all our law books ; it is written in the great 
volume of nature ; it is the essential and unalterable 
right of Englishmen, and accords with all the princi- 
ples of justice and civil policy, which neither armed 
force on the one side, nor submission upon the other, 
can, upon any occasion, eradicate. Dreadful will be 
the effects of coercive measures. Government has sent 
an armed force of above seventeen thousand men to 
dragoon the Bostonians into what is called their duty. 
Ministers, so far from turning their eyes to the impolicy 
and dreadful consequences of this scheme, are con- 
stantly sending out more troops, and declaring, in the 
language of menace, that if seventeen thousand men 
cannot, fift'i/ thousand shall, enforce obedience. So 
powerful an army may ravage the country, and waste 
and destroy as they march ; but in the progress of 
seventeen hundred miles can they occiijpy the places 
tliat they have passed 7 Will not a country, which 
can produce three millions of people, wronged and in- 
sulted as they are, start up like hydras in every corner, 

and gather fresh strength from fresh opposition ? 

If the ministers, on the contrary, persevere in their 
present measures, I will not say that the king is be- 
trayed, but I will pronounce that the kingdom is un- 
done. 1 have crawled to tell you my opinion. I think 
it my duty to give the whole of my experience and 
counsel to my country at all times, but more particu- 
larly when it so much needs political guidance. Having 
thus entered on the threshold of this business, I will 
knock at your gates for justice, and never stop, unless in- 
firmities should nail me to my bed, until I have at least 
employed every means in my power to heal those un- 
happy divisions. Every motive of equity and of policy, 
of dignity and of prudence, urges you to allay the fer* 

17 



194 GOVERNMENTAL HISTORY 

ment in America, by the removal of your troops from 
Boston — by a repeal of your Acts of Parliament, and a 
demonstration of amicable dispositions towards your 
colonies." 

Notwithstanding it was accompanied with sucli an 
able and cogent argument in favour of the measures it 
proposed, the motion was rejected by a large majority, 
and the ministerial party avowed their determination 
to enforce obedience by arms. But Lord Chatham 
still persev^ered in recommending pacific and concili- 
atory measures. Fie subsequently introduced a Bill 
entitled an "Act for settling the troubles in America, 
and for asserting the supreme legislative authority and 
superintending power of Great Britain over the colo- 
nies," wherein it was proposed — to repeal all the obnox 
ious acts of Parliament, relative to x\merica, — to restrain 
the powers of the Courts cf Admiralty within their 
former limits — to re-establish the right of trial by jury 
in such cases where it had been abolished — and that 
the judges should hold their office and receive their 
compensation during good behaviour. In a word, it 
conceded generally the rights and immunities clainjed 
by the Colonies, while it insisted on the supremacy of 
the mother country. The measure was violently 
opposed and rejected. On the third of February* an ' 
address was moved to the king, declaring Massachu- 
setts Bay to be in a state of rebellion, and praying 
his majesty to adopt the most effectual measures to 
enforce their submission. In the course of this debate 
the Americans were generally declared rebels, and the 
dominant ministerial party boldly insisted that by 
commencing military operations in Massachusetts 
Bay, the other colonies would at once yield to the 
* 1775. 



OP THE UNITED STATES. 195 

power of the Crown. Thus far measures had proceeded 
in Pailiameut when the colonies became advised of 
the reception of their congressional proceedings in 
Great Britain. In preparing to meet the exigencies of 
their situation the Provincial Assembly of Massachu- 
setts Bay had raised troops and directed a collection 
of stores and ammunition to be deposited at Concord and 
Worcester. On the eighteenth of April* General Gage, 
commander of his majesty's forces at Boston, ordered a 
detachment of his troops to take possession of these 
stores and ordinances. On the morning of the nine- 
teenth, as they entered Lexington, they came upon 
about one hundred and thirty of the Lexington Militia, 
who having been forewarned of the object of this detach- 
ment were gathered and parading on the common. 
Major Pitcairn, the leader of the British troops, rode up 
to them, and cried out " disperse you rebels, throw 
down your arms and disperse." They still held their 
ground, however, when the British Major advanced 
nearer, discharged his pistol among them, and ordered 
his men to fire. The Militia were at first disposed to 
retire, but finding that they were still fired upon, stood, 
and returned the fire, and several were killed on both 
sides. The detachment proceeded towards Concord, 
Avhere they encounted a number of militia men under 
the command of Major Butterick, who, not knowing 
what had already taken place at Lexingtoyi^ ordered 
his men not to fire unless tliey were first fired upon 
by the troops of his majesty. As the regulars advanced 
and came nearer to the Americans, the king's troops 
fired and killed a captain and private of the American 
military. At this the American troops gave battle and 
compelled them to commence a retreat towards Boston. 
* 1775. 



196 GOVERNMENTAL HISTORY 

Sixty five of the king's army were killed and twenty 
eight were taken prisoners, while of the Provincials 
fifty were killed and thirty eight wounded. Thus was 
the unnatural contest provoked by aggression and 
stained with blood. The assembly of Massachusetts 
Bay, being now in session immediately transmitted an 
account of this battle to Great Britain, accompanied 
with abundant proof that the British troops were the 
aggressors. They also prepared an address to the peo- 
ple of Great Britain, wherein, after enumerating the 
wrongs and oppressions which they had endured, they 
say — " these have not detached us from our royal 
sovereign : we profess to be his loyal and dutiful sub- 
jects, and though hardly dealt with, as we have been, 
are still ready, with our lives and fortunes, to defend 
his person, Crown and dignity— nevertheless to the 
persecution and tyranny of his civil ministry, we will 
not tamely submit. Appealing to heaven for the jus- 
tice of our cause we determine to die or be free." 

Such was the aspect of affairs when the congress 
again assembled at Philadelphia, fully empowered to 
take care of the liberties of the country, and to provide 
measures for the general defence. An army was raised, 
and George Washington of Virginia was appointed 
to the chief command. Bills of credit were emitted to 
the amount of $3,000,000, and the faith of the colonies 
was pledged for their redemption. A manifesto was 
published, proclaiming the causes which had compelled 
them to resort to arms. On the twelfth of June a 
committee which had been previously appointed, re- 
ported a resolution for a fast, which was read, and 
agreed to and published as follows : 

As the Great Governor of the world, by his supreme and universal 
Providence, not only conducts the course of nature with unerring 



OF THE UNITED STATES. 197 

wisdom and rectitude, but frequently influences the minds of men to 
serve the wise and gra«"ious purposes of his Providential Government ; 
and it being at all times our indispensable duty, devoutly to acknowledge 
his superintending Providence, especially in times of imminent danger 
and public calamity, to reverence and adore his immutable justice, as 
■well as to implore his merciful interposition for our deliverance. This 
congress, therefore, considering the present critical, alarming, and 
calamitous state of these colonies, do earnestly recommend that Thurs- 
day, the twentiethday of July next, be observed by the inhabitants of all 
the English colonies on this continent, as a day of public humiliation, 
faslirig, and prayer ; that we may with united hearts and voices, un- 
feignedly confess and deplore our many sins, and offer up our joint 
supplications to the All-wise, Omnipotent and merciful Disposer of all 
events, humbly beseeching him to forgive our iniquities — to remove 
our present calamities — to avert those desolating judgments with which 
we are threatened, — and to bless our rightful sovereign King George 
the third and to inspire him with wisdom to discern and pursue the 
true interest of his subjects, that a speedy end may be put to the civil 
discord between Great Britain and the American Colonics without 
further effusion of blood. And that the British nation may be influ- 
enced to regard the things that belong to her Peace^ before iliey are hid 
from her eyes — that these colonies may ever be under the care and 
Protection of a kind Providence, and be prospered in all their interests — 
that the Divine blessing may descend and rest upon all our civil Rulers, 
and upon the Representatives of the people in their several Assemblies 
and Conventions, that they may be directed to wise and effectual 
measures for preserving the Union, and securing the just rijjhts and 
privileges of the colonies — that virtue and true religion may revive and 
flourish throughout our land — and that all America may soon behold 
a gracious interposition of Heaven for the redress of her many griev- 
ances ; the restoration of her invaded rights, a reconciliation with the 
parent state, on terras constitutional and honorable to both ; and that 
her civil and religious principles may be secured to the latest posterity. 
And it is recommended to christians of all denominations to assemble for 
public worship, and to abstain from servile labour and recreation, on that 
day.* 

The reasons for taking up arms were set forth in 
their manifesto, as follows : 

'A Declaration by the Representatives of the 
United Colonies of North- America, now met in 

* Journals of Congress, 1775, 

17* 



198 GOVERNMENTAL HISTORY 

Congress at Philadelphia, setting forth the causes and 

necessity of their taking up arms. 

If it was possible for men who exercise their reason 
to believe that the Divine Author of our existence in- 
tended a part of the human race to hold an absolute 
property in, and unbounded power over others, marked 
out by His infinite goodness and wisdom, as the objects 
of a legal domination, never rightfully resistable, how- 
ever severe and oppressive, the inhabitants of these 
Colonies might at least require from the Parliament of 
Great Britain, some evidence that this dreadful author- 
ity over them had been granted to that body ; but a 
reverence for our Great Creator, principles of humanit}'', 
and the dictates of common sense, must convince all 
those who reflect upon the subject, that government 
was instituted to promote the welfare of mankind, and 
ought to be administered for the attainment of that end. 
The Legislature of Great Britain, however, stimulated 
by an inordinate passion for power, not only unjustifi- 
able, but w^hich they know to be peculiarly reprobated 
by the very Constitution of that kingdom ; and despair- 
ing of success in any mode of contest, where regard 
should be had to law, truth, or right ; have at length, 
deserting those, attempted to effect their cruel and im- 
politic purpose of enslaving these colonies by violence, 
and have thereby rendered it necessary for us to close 
with their last appeal from reason to arms. Yet, how- 
ever blinded that Assembly may be, by their intemper- 
ate rage for unlimited domination, so to slight justice 
in the opinion of mankind, we esteem ourselves bound 
by obligations to the rest of the world to make known 
the justice of our cause. Our forefathers, inliabitants of 
the Island of Great-Britain, left their native land, to 



OF THE UNITED STATES. 199 

seek on these shores a residence for civil and religious 
freedom. At the expense of their blood, at the hazard 
of their fortunes, without the least charge to the coun- 
try from which they removed, by unceasing labour and 
an unconquerable spirit, they effected settlements in 
the distant and inhospitable wilds of America, then filled 
with numerous and warlike nations of Barbarians. 
Societies or Governments, vested with perfect legisla- 
tures, were formed under Charters from the Crown, and 
an harmonious intercourse was established between the 
Colonics and the kingdom from which they derived 
their origin. The mutual benefits of this union became 
in a short time so extraordinary as to excite astonish- 
ment. It is universally confessed that the amazing in- 
crease of the wealth, strength, and navigation of the 
realm, arose from this source ; and the minister, who 
so wisely and successfully directed the measures of 
Great-Britain in the late war, publicly declared that 
these Colonies enabled her to triumph over her enemies. 
Towards the conclusion of that war, it pleased our 
sovereign to make a change in his councils. From that 
fatal moment, the affairs of the British Empire began 
to fall into confusion, and, gradually sliding from the 
summit of glorious prosperity to which they had been 
advanced by the virtues and abilities of one man, are 
at length distracted by the convulsions that now shake 
it to its deepest foundations. The new ministry find- 
ing the brave foes of Britam, though frequently de- 
feated, yet still contending, took up the unfortunate 
idea of granting them a hasty peace, and of then sub- 
duing her faithful friends. These devoted Colonies 
were judged to be in such a state as to present victories 
without bloodshed, and all the easy emoluments of 
statutable plunder. The uninterrupted tenor of their 



200 GOVERNMENTAL HISTORV 

peaceable and respectful behaviour from the beginning j 
of colonization, their dutiful, zealous, and useful ser- 
vices during the war, though so recently and amply 
acknowledged in the most honorable manner by His 
Majesty, by the late king, and by Parliament, could not 
save them from the meditated innovations. Parliament 
was influenced to adopt the pernicious project, and, as- 
suming a new power over them, have in the course of 
eleven years given such decisive specimens of the^pirit 
and consequences attending this power, as to leave no 
doubt concerning the effects of acquiescence under it. 
They have undertaken to give and grant our money 
without our consent, though we ever exercised an ex- 
clusive right to dispose of our own property ; statutes 
have been passed for extendino^ the jurisdiction of Courts 
of Admiralty and Vice Admiralty beyond their ancient 
limits ; for depriving us of the accustomed and inesti- 
mable privilege of trial by jury in cases aifecting both 
life and property ; for suspending the Legislature of one 
of the Colonies ; for interdicting all commerce to the 
capital of another ; and for altering fundamentally the 
form of government established by Charter, and secured 
by Acts of its own Legislature solemnly confirmed by 
the Crown ; for exempting the " murderers" of colonists 
from legal trial, and in effect, from punishment ; for 
erecting in a neighbouring Province, acquired by the 
joint arms of Great Britain and America, a despotism 
dangerous to our very exis'ence ; and for quartering 
soldiers upon the colonists in time of profound peace. 
It has also been resolved in Parliament, that colonists 
charged with committing certain offences, shall be 
transported to England to be tried. 

But why should we enumerate our injuries in detail ? 
By one statute it is declared, that Parliament can " of 



OF THE UNITED STATES. 201 

right make laws to bind us in all cases whatsoever^ 
What is to defend us against so enormous, so unlimited 
a power ? Not a single man of those who assume it, 
is chosen by us ; or is subject to our controul or influ- 
ence ; but on the contrary they are all of them exempt 
from the operation of such laws ; and an American 
Revenue^ if not diverted from the ostensible purposes 
for which it is raised, would actually lighten their own 
burdens in proportion as they increase ours. Vf e saw 
the misery to which such despotism would reduce us. 
We for ten years incessantly and ineffectually besieged 
the throne as supplicants ; we reasoned, we remon- 
strated with Parliament in the most mild and decent 
language. Administration, sensible that we should re- 
gard these oppressive measures as freemen ought to do, 
sent over fleets and armies to enforce them. The in- 
dignation of the Americans was roused, it is true ; but 
it was the indignation of a virtuous, loyal, and affec- 
tionate people. A Congress of Delegates from the 
United Colonies was assembled at Philadelphia on the 
fifth day of last September.* We resolved again to 
offer an humble and dutiful petition to the king, and 
also addressed our fellow subjects of Great Britain. 
We have pursued every temperate, every respectful 
measure ; we have even proceeded to break off" our 
commercial intercourse with our fellow subjects as the 
last peaceable admonition, that our attachment to no 
nation on earth would supplant our attachment to lib- 
erty. This we flattered ourselves was the ultimate 
step of the controversy, but subsequent events have 
shown how vain was this hope of finding moderation 
in our enemies. Several threatening expressions against 
the Colonies were inserted in His Majesty's speech : our 
* 1774. 



202 GOVERNMENTAL HISTORY 

petition, though we were told it was a decent one, and 
that His Majesty had been pleased to receive it gra- 
ciously, and to promise laying it before his Parliament, 
was huddled into both Houses among a bundle of 
American papers, and there neglected. The Lords and 
Commons in their address in the month of February, 
said, that " a rebellion at that time actually existed in 
the Province of Massachusetts Bay^ and that those 
concerned in it had been countenanced and encowroged 
hy unlawful co7nbinations, and engagements entered 
into by His Majesty^s subjects in several of the colo- 
tiies, and therefore they besought His Majesty that 
he would take the most effectual measures to enforce 
due obedience to the laivs and authority of the Sti- 
preme Legislature.'''' 

Soon after, the commercial intercourse of whole Colo- 
nies with foreign countries was cut off by an Act of 
Parliament ; by another, several of them were entirely 
prohibited from the fisheries in the seas near their 
coasts, on which they always depended for their sub- 
sistence ; and large reinforcements of ships and troops 
were immediately sent over to General Gage. Fruit- 
less were all the entreaties, arguments, and eloquence 
of an illustrious band of the most distinguished peers 
and commoners, who nobly and strenuously asserted 
the justice of our cause, to stay, or even to mitigate, the 
heedless fury, with which these accumulated outrages 
w^ere hurried on. Equally fruitless was the interfe- 
rence of the city of London, of Bristol, and many other 
respectable towns in our favor. Parliament adopted an 
insidious manoeuvre calculated to divide us, to estab- 
lish a perpetual Auction of Taxations, where colony 
should bid against colony, all of them uninformed what 
ransom would redeem their lives ; and thus to extort 



OF THE UNITED STATES. 203 

from us, at the point of the bayonet, the unknown sums 
that would be sufficient to gratify, if possible to gratify 
ministerial rapacity, with the miserable indulgence left 
to us of raising, in our own mode, the prescribed tri- 
bute. What terms more rigid and humiliating could 
have been dictated by remorseless victors to conquered 
enemies ? In our circumstances to accept them, would 
be to deserve them. 

Soon after the intelligence of these proceedings ar- 
rived on this continent, General Gage, who in the 
course of the last year had taken possession of Boston, 
in the Province of Massachusetts Bay, and still occu- 
pied it as a garrison, on the nineteenth day of April, 
sent out from that place a large detachment of his army, 
who made an unprovoked assault on the inhabitants of 
the said Province, at the town of Lexington — as ap- 
pears by the affidavits of a great number of persons, 
some of whom were officers and soldiers of that detach- 
ment — murdered eight of the inhabitants, and wounded 
many others. From thence the troops proceeded in 
warlike array to the town of Concord, where they set 
upon another party of the inhabitants of the same Prov- 
ince, killing several and wounding more, until com- 
pelled to retreat by the country people, suddenly assem- 
bled to repel this cruel aggression. Hostilities thus 
commenced by the British troops, have been since 
prosecuted by them without regard to faith or reputa- 
tion. The inhabitants of Boston being confined within 
that town, by the General their Governor, and having, 
in order to procure their dismission, entered into a treaty 
with him, it was stipulated that the said inhabitants^ 
having deposited their arms with their own magistrates, 
should have liberty to depart, taking with them their 
own effects. They accordingly delivered up their 



204 GOVERNMENTAL HISTORY 

arms, but in open violation of honor, in defiance of the 
obligation of treaties, which even savage nations 
esteemed sacred, the Governor ordered the arms de- 
posited as aforesaid, that they might be preserved for 
their owners, to be seized by a body of soldiers, de- 
tained the greatest part of the inhabitants in the town, 
and compelled the few who were permitted to retire, to 
leave their most valuable effects behind. By this per- 
fidy, wives are separated from their husbands, children 
from their parents, the aged and sick from their rela- 
tions and friends who wish to attend and comfort them ; 
and those who have been used to live in plenty, and 
even elegance, are reduced to deplorable distress : The 
General, further emulating his ministerial masters, by 
a Proclamation bearing date on the twelfth day of June, 
after venting the grossest falsehoods and calumnies 
against the good people of these Colonies, proceeds to 
declare them allj either hy name or description^ to he 
rebels and traitors ; to supercede the course of the 
Com^mon Law^ and instead tJiereof to publish and 
order the use of the Laiu Martial. His troops have 
butchered our countrymen, have wantonly burnt 
Charlestown, besides a considerable number of houses 
in other places ; our ships and vessels are seized ; the 
necessary supplies of provisions are intercepted ; and 
he is exerting his utmost power to spread destruction 
and devastation around him. We have received cer- 
tain intelligence, that General Carleton, the Governor 
of Canada^ is instigating the people of that Province, 
and the Indians^ to fall upon us ; and we have but too 
much reason to apprehend that schemes have been 
formed to excite domestic enemies against us. In brief, 
a part of these colonies now feel, and all of them are 
sure of feeling, as far as the vengeance of Administra- 



OF THE UNITED STATES. 205 

tion can inflict them, the complicated calamities oifire^ 
stvord, wadi famine. 

We are reduced to the alternative of choosing an un- 
conditional submission to the tyranny of irritated min- 
isters, or resistance by force. The latter is our choice. 
We have counted the cost of this contest, and find 
nothing so dreadful as voluntary slavery. Honor, Jus- 
tice, and Humanity, forbid us tamely to surrender that 
freedom which we received from our gallant ancestors, 
and which our innocent posterity have a right to re- 
ceive from us. We cannot endure the infamy and 
guilt of resigning succeeding generations to that wretch- 
edness which inevitably awaits them, if we basely en- 
tail hereditary bondage upon them. Our cause is just. 
Our union is perfect. Our internal resources are great, 
and, if necessary, foreign assistance is undoubtedly 
attainable. We gratefully acknowledge as signal in- 
stances of the Divine favour towards us, that His Prov- 
idence would not permit us to be called into this severe 
controversy, until we were grown up to our present 
strength, had been previously exercised in warlike oper- 
ations, and possessed of the means of defending our- 
selves. With hearts fortified with these animating re- 
flections, we most solemnly, before God and the world, 
DECLARE, that, exerting the utmost energy of those 
powers which our beneficent Creator hath graciously 
bestowed upon us, the arms which we have been com- 
pelled by our enemies to assume, we will, in defiance 
of every hazard, with unabating firmness and perseve- 
rence, employ for the preservation of our Liberties ; 
being with one mind resolved to die freemen rather 
than to live as slaves. 

Lest this Declaration should disquiet the minds of 
our friends and fellow subjects in any part of the Em- 
18 



206 GOVERNMENTAL HISTORY 

pire, we assure them that, we mean not to dissolve that 
Union which has so long and so happily subsisted be- 
tween us, and which we sincerely wish to see restored. 
Necessity has not yet driven us into that desperate 
measure, or induced us to excite any other nation to 
war against them. We have not raised armies with 
ambitious designs of separating from Great Britain^ 
and establishing Independent States. We fight not for 
glory or for conquest. We exhibit to mankind the re- 
markable spectacle of a people attacked by unprovoked 
enemies, without any imputation or even suspicion of 
offence. TJcey boast of their privileges and civilization, 
and yet proffer no milder conditions than servitude or 
death. Tn'our own native land — in defence of the 
freedom that is our hirtJi-right^ and which we ever 
enjoyed till the late violation of it— for the protection 
of our property, acquired solely by the honest industry 
of our forefathers and ourselves — against vi-lence ac- 
tually offered — we have taken up arms. We shall lay 
them down when hostilities shall cease on the part of 
the aggressors^ and all danger of their being renewed 
shall be removed, and not before. With an humble 
confidence in the mercies of the supreme and impartial 
Judge and Ruler of the universe, we most devoutly im- 
plore His Divine Goodness to protect us happily through 
this great conflict, to dispose our adversaries to recon- 
ciliation on reasonable terms, and thereby to relieve the 
Empire from the calamities of Civil War.'' 

Such were the sublime and exalted motives which 
influenced the Representatives of the American people 
in the deliberations of this Congress, and tlie causes 
which arrayed the Colonies in arms against their 
mother country : they had now arrived near to that 
crisis which was to define more positively, and settle 



OP THE UNITED STATES. 207 

for ever, their relations to one another. Although the 
idea of a total separation of themselves from all de- 
pendance upon the Crown of Great Britain, had been 
entertained in some of the Colonies, the question was 
not at this stage of its session agitated in Congress, and 
it seems not to have been sought or anticipated. This 
is apparent not only from the foregoing manifesto, but 
also from their other proceedings. In their Petition to 
the king, after setting forth the causes of their disaifec- 
tion, they proceed — " We beg leave further to assure 
your Majesty, that notwithstanding the sufferings of 
your loyal colonists during the course of this present 
controversy, our breasts retain too tender a regard for 
the kingdom from which we derive our origin, to re- 
quest such a reconciliation as might in any manner be 
inconsistent with her dignity or her welfare. These, 
related as we are to her, honor and duty, as well as 
inclination, induce us to support and advance ; and 
the apprehensions that now oppress our hearts with 
unspeakable grief being once removed, your Majesty 
Avill find your faithful subjects on this continent ready 
and willing at all times, as they have ever been, with 
their lives and fortunes, to assert and maintain the 
rights and interests of your Majesty, and of our mother 
country. We therefore beseech your Majesty, that 
your Royal authority and influence may be graciously 
interposed to procure us relief from our afflicting fears 
and jealousies, occasioned by the system before men- 
tioned, and to settle peace through every part of your 
dominions, with all humility submitting to your Ma- 
jesty's wise consideration, whether it may not be expe- 
dient for facilitating those important purposes, that your 
Majesty be pleased to direct some mode b)^ which the 
united applications of your faithful colonists to the 



208. GOVERNMENTAL HISTORY 

throne, in pursuance of their common councils, may be 
improved into a happy and permanent reconciliation : 
and that, in the mean time, measures may be taken for 
preventing the further destruction of the hves of your 
Majesty's subjects ; and that such statutes as more im- 
mediately distress any of your Majesty's Colonies may 
be repealed. For by such arrangements as your Ma- 
jesty's wisdom can form for collecting the united sense 
of your American people, we are convinced your Ma- 
jesty would receive such satisfactory proofs of the dis- 
position of the colonists toward their sovereign and 
parent state, that the wished for opportunity would 
soon be restored to them, of evincing the sincerity of 
their professions, by e^ery testimony of devotion be- 
coming the most dutiful subjects and the most affec- 
tionate colonists." 

In their address to the people of Great Britain they 
say — " We are accused of aiming at Independence ; 
but how is this accusation supported ? By the allega- 
tions of your ministers, not by our actions. Abused, 
insulted, and contemned — what steps have we pursued 
to obtain redress ? We have carried our dutiful peti- 
tions to the throne — we have applied to your justice 
for relief — we have retrenched our luxury, and withheld 
our trade : The advantasfcs of our commerce were de- 
signed as a compensation for your protection : when 
you ceased to protect, for what were we to compensate ? 
What has been the success of our endeavours ? The 
clemency of our sovereign is unhappily diverted ; our 
petitions are treated with indignity ; our prayers an- 
swered by insults. Our application to you remains 
unnoticed, and leaves us the melancholy apprehension 
of your wanting either the will, or the power, to assist 
us. Even under these circumstances, what measures 



OP THE UNITED STATES. 209 

have we taken that betray a desire for Independence? 
Have we called in the aid of those foreign powers who 
are the rivals of your grandeur? Yvhen your troops 
were few and defenceless, did we take advantage of 
their distress and expel them our towns? Or have we 
permitted them to fortify, to receive new aid, and to 
acquire additional strength ? Let not your enemies 
and ours persuade you that in this we were influenced 
by fear or any other unworthy motive. The lives of 
Britons are still dear to us. They are the children of 
our parents, and an uninterrupted intercourse of mutual 
benefits had knit the bonds of friendship. When hos- 
tilities were commenced, when on a late occasion we 
were wantonly attacked by your troops, though we 
repelled their assaults and returned their blows, yet we 
lamented the ivounds they obliged us to give ; nor 
have we yet learned to rejoice at a victory over Ung-- 
lislwien.''^ 

A plan of accommodation had been proposed by the 
ministry to the Assemblies of the respective Colonies, 
but it was considered objectionable and was indignantly 
rejected ; and is thus noticed in the address of this 
Congress to the people of Great Britain — " Were this 
proposal free from every other objection, but that which 
arises from the time of the ojffer, it would not be unex- 
ceptionable. Can men deliberate with the bayonet at 
their breast? Can they treat with freedom while their 
towns are sacked, when daily instances o^ Injustice and 
oppressio7i disturb the slower operations of reason ? If 
this proposal is really such as you would offer and we 
accept, why was it delayed till the nation was put to 
useless expense, and we were reduced to our present 
melancholy situation? If it holds forth nofhing, why 
was it proposed ; unless indeed to deceive you into a 

18* 



210 GOVERNMENTAL HISTORY 

belief that we were unwilling to listen to any terms of 
accommodation? But what is submitted to our con- 
sideration 7 We contend for the disposal of our prop- 
erty. We are told that our demand is unreasonable — 
that our Assemblies may indeed collect our money, but 
that they must at the Stmie time offer — not what i/oiir 
exigencies or ours may require — but so much as is 
deemed sufficient to satisfy the desires of a minister, 
and enable him to provide for favorites and dependants. 
A recurrence to your own treasury will convince you 
how little of the money already extorted from us has 
been applied to the relief of your burthens. To sup- 
pose that we would grasp the shadow and give up the 
substance, is adding insult to injuries." 

The Grown was unmoved by the Petition of the 
Congress, the ministry became still more frenzied by 
so unexpected a defiance of their armies, and their mad 
measures were persisted in by Parliament. The colo- 
nists were declared rebels ; all trade with them was 
prohibited ; their property and persons were made 
liable to seizure ; and hordes of troops Avere sent over 
to force them into submission. Every principle of 
justice and humanity, every sentiment of honor and 
honesty, every maxim of good and equitable govern- 
ment, and the plainest precepts of political liberty, were 
trodden down and trampled upon by these measures 
of an arbitrary, reckless, and infuriate administration. 
In defence. Congress fitted oat armed vessels to inter- 
cept such supplies as were intended for the British 
troops — all exportations, except from one colony to 
another, were prohibited — letters of marque and repri- 
sal were issned ; and it was generally declared '•' that 
the exercise of every kind of authority under the Crown 
of Great Britain should be utterly suppressed" through- 



OF THE UNITED STATES. 211 

out the Colonies. Thus they were forced on step by 
step till at length the tie of kindred was disregarded, 
every feeling of affection was suppressed, and the sym- 
pathy of consanguinity, Avhich had hitherto prompted 
their patient endurance of the wrongs inflicted by the 
mother country, had now forever lost its influence over 
the people of America. Nothing further remained but 
to sever the bond of their political relationship. Ac- 
cordingly early in the month of June,* the question of a 
separation of themselves from all dependance upon the 
British Crown, having been previously agitated, was 
again taken up, and resolutions involving it were made 
and referred. The committee to whom these resolu- 
tions were referred having reported in favor of a sepa- 
ration, on the tenth of the same month a committee 
Avas appointed to prepare a Declaration — " that these 
United Colonies are and of right ought to be Free 
AND Independent States — that they are absolved 
from all allegiance to the British Crown ; and that all 
political connection between them and the State of 
Great Britain is, and ought to be, dissolved." 

If we knew nothing more of the history of those men 
who guided our councils and our armies during this 
trying period, than that they purposed, and resolved, 
and wrought out, our independence — that they were 
instrumental in erecting the fair fabric of government 
which has made us so free, so happy, and so prosper- 
ous a nation — we should be apt to think that Heaven 
had endowed them with superior wisdom and virtue. 
But they were religious men, and to whatever name, 
or creed, or sect they belonged, they forgot all these 
party discriminations here, and remembered only those 
fundamental principles of their religion which were 
♦ 1776. 



212 GOVERNMENTAL IIISTOUY 

embraced alike in the failli of all. They were self- 
governed men ; and in ihcir exalted virtue they aban- 
doned all considerations of self, and sought solely and 
only the good of their country. They periled their 
lives, their fortunes, and their sacred honor, to secure 
its liberties. They were persuaded, they felt, that the 
contest was one which involved the dearest and most 
important of human rights and human destinies — that 
on the issue of it depended tlie proudest hopes of 
America not only, but of all mankind. They loved 
justice and hated oppression, and they felt that the 
triumph of those principles of civil and religious liberty 
for which they were contending, was the sure precur- 
sor of infinite good to the whole human family. They 
thought not of the present alone, they thought, and 
acted, and lived, and strugi^^led, and suffered for the 
future — they forgot all else in their zeal for posterity. 
Freely and cheerfully exposed their lives, devoted liieir 
property, and consecrated their blood, to achieve for, 
and transmit to them, freedom and independence ; satis- 
fied, beyond all doubt, that on that independence alone 
depended the most glorious prospects that had ever been 
opened to the world. Such were the feelings, the 
views, the hopes, the faith, which inspired the fathers 
of our revolution. The history of mankind has never 
before known such illustrious benefictors, such gener- 
ous patriotism, such disinterested philanthropy, such 
unselfish regard for the hberties and the welfare of our 
race. They were swayed by purer, nobler, prouder, 
worthier purposes, than ever hallowed the council 
chambers of Greece or of Rome. We admire the 
schemes which held .together those early and famed 
republics. We venerate the Sciges and the heroes of 
Athens, of Sparta, and of Rome ; but we admire far 



OF THE UNITED STATES. 213 

more our own political fabric ; we venerate with a 
loftier and holier enthusiasm the sages, the heroes, and 
the patriots, of our own native land : and we religiously 
believe, that the eye of the Omniscient never rested with 
so intense an interest, on any other assembly of men 
gathered for merely political purposes. 

On the twenty-eiglith day of June the committee re- 
ported the following Declaration, which was adopted 
by the Congress, and signed by all the members pres- 
ent, on the fourth of July following.* 

Declaration of Independence. 

When in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume among the Powers of the Earth, the separate 
and equal station to which the Laws of Nature and of Naktre^s God 
entitle them, a decent respect to the opinions of mankind requires that 
they should declare the causes which impel them to the separation. 
We hold these truths to be self evident ; that all men are created equal, 
that they are endowed by their CREATOR, with certain unalienable 
rights, that among these are LIFE, LIBERTY, and the pursuit of 
Hap'pincss, that to secure these rights, Governments are instituted 
among men, deriving their Just Powers from the consent of the Gov- 
erned. That whenever any form of Government becomes destructive 
of these ends, it is the Right of the People to alter or abolish it, and in- 
stitute new Government, laying its foundation on such principles, and 
organizing its powers in such form as to them shall seem most likely to 
effect their Safely and Hnppine&s. Prudence, indeed will dictate, that 
Governments long established, should not be changed for light and 
transient causes, and accordingly all experience hath shown, that man- 
kind are more disposed to suffer, while evils are sulTerable, than to right 
themselves by abolishing the forms to which they are accustomed. 
But when a long train of abuses and usurpations, pursuing invariably 
the same object, evinces a design to reduce them under absolute Des- 
potism, it is their RIGHT, it is their DUTY, to throw off such 
Government, and to provide new Guards for their future security. 
Such has been the patient sufferance of these Colonies ; and such is 
now the necessity which constrains them to alter their former Systems 
of Government. The history of the present King of Great Britain, is a 
* 1776, 



214 GOVERNMENTAL HISTORY 

history of repeated Injuries and Us'vrpaiion$, all having in direct object 
the establishment of an absolute Tyranny over these states; To prove 
this, let FACTS be submitted to a candid world. He has refused his 
assent to Lavvs, the most wholesome and necessary for the Public Good. 
He has forbidden his Governors to pass laws of immediate and pressinir 
importance unless suspended in their operation till his assent should be 
obtained, and when «o suspended, he has utterly neglected to attend to 
them. He has refused to pass other Laws, for the accommodation of 
large Districts of People, unless those people would relinquish the right 
of Representation in the Legislature, a right inestimable to them, and for- 
midable to Tyrants only. He has called together legislative bodies at 
places unusual, uncomfortable, and distant from the depository of their 
Public Records, for the sole purpose of fatiguing them into compliance 
with his measures. He has dissolved Represeniailvc Houses repeatedly 
for opposing with manly firmness his invasions on the RIGHTS of the 
PEOPLE. He has refused for a long time, after such dissolutions, to 
cause others to be elected, whereby the legislative powers, incapable of 
annihilation, have returned to the People at large for their exercise ; 
the State remaining in the mean time, exposed to all the dangers of in- 
vasions from without, and convulsions from within. He has endea- 
voured to prevent the population of these States ; for that purpose 
obstructing the Laws for the Naturalization of Foreigners ; refusing to 
pass others to encourage their migration hither, and raising the condi- 
tions of new appropriations of Lands. Pie has obstructed the Adminis- 
tration of JUSTICE, by refusing his assent to Laws for establishing 
Judiciary Powers. He has made judges dependant on his Will alone, 
for the tenure of their offices, and the amount and payment of their 
salaries. He has erected a multitude of New Offices, and sent hither 
swarms of Officers to harass our people, and eat out their substance. 
He has kept among us in times of peare, Standing Armies, without the 
consejit of our Legislatures. He has affected to render the Military^ 
independent of, and superior to the CIVIL power. He has combined 
with others, to subject us to a Jurisdiction foreign to our Constitution, 
and unacknowledged by our Laws, giving his assent to their Acts of 
Pretended Legislation ; For quartering large Bodies of Armed Troops 
among us; For protecting them hy a. Mock 7>/ri/ from punishment for 
any MURDERS, which they should commit on the Inhabitants of these 
States ; For cutting off our Trade with all parts of the World ; For 
imposing TAXES on us without our consent ; For depriving us in 
many cases, of the benefit of Trial by Jury ; For tiansporting us beyond 
Seas to be tried for pretended offences ; For abolishing the free system 
of English Laws in a neighbouring Province, establishing therein an 
arbitrary Government, and enlarging its boundaries, so as to render it at 



OF THE UNITED STATES. 215 

once an example and fit instrument for introducing the same absolute 
rule into these Colonies. For taking away our Charters, abolishing our 
most valuable Laws, and altering lundamentally the Forms of our 
Governments, For susf)ending our own Legislatures, and declaring 
themselves invested with Power to Legislate for us in all cases whatso- 
ever. He has abdicated Government here, by declaring us out of his 
PROTECTION, and waging WAR against us. He has plundered 
our Seas, Ravaged our Coasts, Burnt our Towns, and destroyed the 
Lives of our People. He is at this time transporting Large Armies of 
Foreign Mercenaries, to complete the Works of DEATH, DESOLA- 
TION, and TYRANNY, already begun, with circumstances of 
CRUELTY and PERFIDY, scarcely paralelled in the most barbarous 
ages, and totally unworthy the Plead of a Civilized Nation. He has 
constrained our fellow citizens taken Captive on the High Seas, to bear 
Arms against their Country ; to become the executioners of their 
Friends and Brethren, or to fall themselves by their hands. He has 
excited Domestic Insurrections amongst us, and has endeavoured to 
bring on the inhabitants of our Frontiers the merciless Indian Savages, 
whose known rule of warfare is an undistinguished destruction of all 
ages, sexes, and conditions. In every stage of these Oppressions, We 
have Petitioned for REDRESS, in the most humble terms; Our 
repeated Petitions have been answered only by repeated Injury. A 
Prince, whose character is thus marked by every act which may define a 
TYRANT, is unfit to be the Ruler o^ a free people. Nor have we been 
wanting in attentions to our British brethren; We have warned them 
from time to time, of attempts by their Legislature to extend an unwar- 
rantable jurisdiction over us ; We have reminded them of the circum- 
stances of our emigration and settlement here. We have appealed to 
their native Justice and Magnanimity, and we have conjured them by 
the ties of our common kindred, to disavow these Usurpations, which 
would inevitably interrupt our connexions and correspondence ; They 
too have been deaf to the voice of Justice and Consanguinity. We 
must therefore aquiesce in the necessity which denounces our Separation, 
and hold them, as we hold the rest of mankind, ENEMIES in WAR, 
in PEACE, FRIENDS. WE, therefore, the Representatives of the 
UNITED STATES OF AMERICA, in GENERAL CONGRESS, 
AsscnblcJ, appealing to the SUPREME JUDGE of the World, for the 
restitude of our intentions, Do, in the name, and by authority of the 
Good People of these Colonies, solemnly publish and DECLARE, That 
these United Colonies, are, and of right ought to be, FREE AND 
INDEPENDENT STATES; that they are absolved from all alle- 
giance to the British Crown ; and that all Political Connexion between 
them, and the State of Great Britain, is, and ought to be totally dis- 



216 GOVERNMENTAL HISTORY 

solved, and that, as FREE AND INDEPENDENT STATES, they 
have full POWER to levy WAR, conclude PEACE, contract ALLI- 
ANCES, establish COMMERCE, and to do all other Acts and Things, 
which INDEPENDENT STATES may of RIGHT do. And for 
the support of this DECLARATION, with a Firm Reliance on the 
Protection of Divine Providence, We mutually pledge to each other our 
LIVES, our FORTUNES, and our sacred HONOR. 

George Wythe, Geo. Clymer, 

Wm. Whipple, Joseph Hewes, 

JosiAH Bartlett, Geo. Walton, 

Thomas Lynch, Jr., James Wilson, 

Benj. Harrison, Abra. Clark, 

Richard Henry Lee, Fras. Hopkinson, 

Samuel Adams, John Adams, 

George Clinton, Roger Sherman, 

Wm. Paca, Robt. R. Livingston, 

Samuel Chase, Thos. Jefferson, 

Rich. Stockton, Benj. Franklin, 

Lewis Morris, Thos. Nelson, Jr., 

Wm. Floyd, Fra. Lewis, 

Arthur Middleton, Jno. Witherspoone, 

Thos. Hayward, Jr., Samuel Huntington, 
Charles Carroll, of Carrollton,Wm. Williajms, 

Robt. Morris, Oliver Wolcott, 

Thomas Willing, Chas. Thompson, 

Benjamin Rush, John Hancock, 

Elbridge Gerry, Geo. Read, 

Robt. Treat Paine, John Dickinson, 

Wm. Hooper, Edward Rutledge, 

Step. Hopkins, Thos. McKean, 

William Ellery, Philip Livingston. 



PART IV. 



GOVERNMNTAL HISTORY FROM THE DECLARATION OF 

THEIR INDEPENDENCE TO THE ADOPTION OF THE 

PRESENT CONSTITUTION. 



CHAPTER I. 

The Declaration of Independence produced a new 
and interesting sera in the governmental history of the 
American Colonies. Having ventured to assume a 
separate and equal rank among the nations of the earth 
— by proclaiming that they were free and independent 
States ; that they were absolved from all allegiance to 
the British Crown ; and that all political connection 
between them and the State of Great Britain was totally 
dissolved ; and that, as free and independent 
STATES, they had power to levy war ; conclude peace ; 
contract alliances ; establish connuerce ; and to do all 
other acts and things which independent states 
may of right do — the necessity was originated for the 
adoption of some new measures, as well to establish 
and define their relations with each other, as to regu- 
late their intercourse and relations with foreign pow- 
ers. The bond of union which had hitherto connected 
them was inadeqnate, in its nature and provisions, to 
their present position, inasmuch as in its formation they 
19 



218 GOVERNIMENTAL HISTORY, ETC. 

had not contemplated a separation of themselves from 
all dependance upon th<3 Crown of Great Britain. The 
frame of government under which they were associa- 
ted was the result of the peculiar circumstances by 
which they were surrounded, and, though not perhaps 
in its original ohjects or designs, was yet, in its spirit 
and its tendencies, of a revolutionary character, and has 
well been denominated a revolutionary government. 
It might have availed the Colonies for all the purposes 
of resisting the aggressions, or stayhig the oppressions 
of the parent state, while that was their only aim, while 
each admitted and felt the necessity of such resistance, 
and while the nature and extent of that resistance 
seemed limited and defined by the respected sense of 
alleo-iance. But when that sense was itself eradicated, 
and the object of diat resistance was, to establish their 
independence ; when th( y hod brougiit themselves to 
feel that they were no longer an infant C(^mmunity, 
subject to the control of a parent power ; that they had 
attained to the full stature, the maturity and strength, of 
a gigantic nation ; they felt also that other and fir higher 
interests depended on the issue of achieving and sus- 
taining their independence. They felt, that whatever 
the force of arms, nerved with the indignant resistance 
of a people rising against their oppressors and resolved 
upon independence, might accomplish, the security and 
the respectability of the position which they had taken 
before the world, depended more on a wisely-adapted, 
and well-ordered frame of government. 

It was with a deep and solemn sense of the importance 
of these considerations that the Congress assembled at 
Philadelphia* anticipating the necessity, passed a resolu- 
tion appointing a committee " to prepare and digest the 
* June 11, 1776. 



OF THE UNITED STATES. 219 

form of a Confederation to be entered into between these 
Colonies." The committee appointed in pursuance of 
this resohition reported a draft of articles on the twelfth 
of July following. After a variety of debate on tlieir pro- 
visions and adaptation, Congress, in committee of the 
whole, on the twentieth day of August, reported a new 
draft, and ordered the same to be printed for the use of 
the members. The subject continued to be agitated till, 
on the fifteenthof November following, it was reported 
with sundr}'' amendments, and adopted by the Congress. 
Immediately upon its adoption a committee was appoint- 
ed to draft a circular letter, to be sent toeach of the States, 
requesting them to authorise their respective delegates 
in Congress to subscribe the same in their behalf. This 
request did not meet with a ready or easy compliance 
on the part of the States. Many objections were made 
and many amendments were suggested to the articles 
proposed. The difficulty or inexpediency of sending 
them back again to the several States, thus amended, for 
their concurrence, and the increasing necessity for a 
speedy settlement of their union, prevented Congress 
from regarding any of the amendments suggested, and 
a copy was ordered to be engrossed for ratification on 
the twenty-sixth of June, 1778 ; which was ratified in 
the same year by all the States, except Delaware and 
Maryland. The former did not accede to the union until 
the year 1779 ; and the latter in 1781, when its final 
ratification was announced by Congress, and the intel- 
liofence was received with enthusiastic demonstrations 
of joy throughout the country. In the month of No- 
vember, 1782, provisionary articles for a treaty of peace 
between Great Britain and America, were signed by 
the respective Commissioners of the two nations, ap- 
pointed for the purpose, at Paris. The definitive treaty 



220 GOVERNMENTAL HISTORY 



1 



was signed at the same place on the third day of Sep- 
tember, 1783 ; and was as follows : 

Definitive Trkaty between Gufat Britain and the XJnitkd States 
OF America. 

In the 7iame of (he viost holy and midivided Tiiniiy. It having 
pleased the Divine Providence to dispose the hearts of the most serene 
and most potent prince George the third, by the Grace of God, King 
of Great-Britain, France and Ireland, Defender of the faith, Duke of 
Brunswick and Lunenburg, arch-treasurer and prince elector of the holy 
Roman Empire, &c; and of the United States of America, to forget all 
past misunderstandings and differences, that have unhappily interrupted 
the good correspondence and friendship which they mutually wish to 
restore ; and to establish such a beneficial and satisfactory intercourse 
between the two countries, upon the ground of reciprocal advantages 
and mutual convenience, as may promote and secure to both perpetual 
peace and harmony j and having, for this desirable end, already laid the 
foundation of peace and reconciliation, by the provisional articles signed 
at Paris, on the thirtieth of November 1782, by the commissioners em- 
powered on each part, which articles were agreed to be inserted in, and 
to constitute the treaty of peace proposed to be concluded between the 
Crown of Great Britain and the said United States, but which treaty 
was not to be concluded until terms of peace should be agreed upon be- 
tween Great Britain and France, and his Britannic Majesty should be 
ready to conclude such treaty accordingly ; and the treaty between 
Great Britain and France having since been concluded : His Britannic 
Majesty and the United States of America, in order to carry into full 
effect the provisional articles above mentioned, according to the tenor 
thereof, have constituted and appointed — that is to say — his Britannic 
Majesty on his part, David Hartley Ksa., member of the Parliament 
of Great Britain ; and the said United States on their part, John 
Adams esq., late a commissioner of the United States of America, at 
the court of Versailles, late delegate in congress from the state of Massa- 
chusetts, and Chief Justice of the said State, and Minister Plenipotentiary 
of the said United States to their High mightinessess the States- 
General of the United Netherlands — Benjamin Franklin Rsa., late 
delegate in congress from the State of Pennsylvania, president of the 
convention of the said State, and Minister Plenipotentiary from the 
United States of xYmerica at the court of Versailles : and John Jay Esa., 
late president of congress. Chief Justice of the State of New York, and 
Minister Plenipotentiary from the said United States at the court of 
Madrid ; to be the Plenipotentiaries for concluding and signing the 



OF THE UNITED STATES. 221 

present Definitive Treaty; who, after having reciprocally communi- 
cated their respective full powers, have agreed upon and confirmed the 
following articles. 

Article L His Britannic Majesty acknowledges the said United 
States, viz. New Hampshirk, Massachusetts Bay, Rhode Island 
and Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia, to be free, sovereign, and 
independent States^ that he treats with them as such, and for himself, hia 
heirs and successors, relinquishes all claims to the government, propriety, 
and territorial rights of the same, and every part thereof. 

Article II, And that all disputes, which might arise in future, on 
the subject of the boundaries of the said United States, may be pre- 
vented, it is hereby agreed and declared, that the following are and 
.shall be their boundaries, viz; from the north-west angleof Nova Scotia, 
viz : that angle which is formed by a line drawn due north from the 
source of St, Croix river to the highlands, along the said highlands, 
which divide those rivers which empty themselves into the River St. 
Lawrence from those which fall into the Atlantic Ocean, to the north- 
westernmost head of Connecticut River — thence down along the middle 
of that river to the forty-fifth degree of north latitude — from thence by a 
line due west on said latitude, until it strikes the river Iroquois or 
Cataraguy — thence along the middle of the said river into Lake Ontario, 
through the middle of said Lake until it strikes the communication by 
water between that Lake and Lake Erie — thence along the middle of 
said communication into Lake Erie, through the middle of said Lake 
until it arrives at the water communication between that Lake and 
Lake Huron — thence along the middle of said water communication — 
thence through the middle of said Lake to the water communication 
between that Lake and Lske Superiour — thence through Lake Superi- 
our northward of the isles Royal and Philipeaux to the Long Lake ; 
thsnce through the middle of said Long Lake, and the water communi- 
cation between it and the Lake of the Woods to the said Lake of the 
Woods — thence through the said Lake to the most north-wc?tern point 
thereof, and from thence in a due west course to the river Mississippi — 
thence by a line to be drawn along the middle of the said river Mississippi 
until it shall intersect the northernmost part of the thirty-first degree of 
north latitude. South, by a line to be drawn due east from the deter- 
mination of the line last mentioned in the latitude of thirty-one degrees 
north of the equator, to the middle of the river Apalachicola or Catahou- 
che — thence along the middle thereof to its junction with the Flint 
river — thence straight to the head of St. Mary's river, and thence down 
along the middle of St. Mary's river to the Atlantic Ocean. East, by 

19* 



222 GOVEIINIMENTAL HISTORY 

a line to he drawn along tLc middle of the river St. Croix, from its 
mouth in the Bay of Fundy, to its source, and from its source directly 
north to the aforesaid highlands, which divide the rivers that fall into 
the Atlantic Ocean, from those which fall into the river St. Lawrence, 
comprehending all Isilands within twenty leagues of any part of the 
shores of the United States, and lying between linos to be drawn due 
east from the points where the aforesaid boundaries between Nova 
iScotia on the one part, and East P'lorida on the other, shall respectively 
touch the Bay of Fundy, and the Atlantic Ocean, excepting such 
Islands as now are, or heretofore have been, within the limits of the said 
Province of Nova Scotia. 

Article III. It is agreed, that the people of the United States, shall 
continue to enjoy, unmolested, the right to take fish of every kind on the 
Grand Bank, and on all other Banks of Newfoundland, also in the 
Gulph of St. Lawrence, and at all other places in the sea, where the in- 
habitants of both countries used at any time heretofore to fish. And 
also, that the inhabitants of the United States shall have liberty to take 
fish of any kind upon such part of the coast of Newfoundland, as British 
fishermen shall use (but not to dry or cure the same on that Island) 
and also on the coasts, bays, and creeks, of all other of his Britannic 
Majesty's Dominions in America ; and that the American fishermen 
shall have Uberty to dry and cure fish in any of the unsettled bays, har- 
bours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so 
long as the same shall remain unsettled ; but so soon as the same or 
either of them shall be settled, it shall not be lawful for the said fisher- 
men to dry or cure fish at such settlement, without a previous agree- 
ment for that purpose with the inhabitants, proprietors, or possessors of 
the ground. 

Article: IV. It is agreed, that the creditors on either side shall meet 
with no lawful impediment to the recovery of the full value, in Sterling 
money, of all bona-fide debts heretofore contracted. 

Article V. It is agreed, that Congress shall earnestly recommend it 
to the Legislatures of the respective States, to provide for the restitution 
of all estates, rights and properties, which have been confiscated, belong- 
ing to real British subjects ; and also of the estates, rights and proper- 
ties of persons resident in districts in possession of his Majesty's arms, 
and who have not borne arms against the United States; and that 
persons of any other description shall have free liberty to go to any part 
or parts of the Thirteen United States, and therein to remain twelve 
months unmolested, in their endeavours to obtain the restitution of 
Buch of their estates, rights and properties, as may have been confis- 
cated ; and that Congress shall also earnestly recommend to the several 
States, a reconsideration and revision of all acts or laws respecting the 



OF THE UNITED STATES. 223 

premises, so as to render the said acts or laws perfectly consistentj not 
only with justice and equity, but with that spirit of conciliation, which, 
on the return of the blessings of peace, should universally prevail; and 
that Congress shall also earnestly recommend to the several States, that 
the estates, rights and properties, of such last mentioned persons, shall 
be restored to them, they refunding to any person who may now be in 
possession, the bona-fide price (where any has been given) which such 
persons may have paid, on purchasing any of the said lands, rights or 
properties, since the confiscation. And it is agreed, that all persons, 
who may have any interest in confiscated lands, either by debts, marriage 
settlements, or otherwise, shall meet with no lawful impediment in the 
prosecution of their just rights. 

Article VI. That there shall be no future confiscations made, nor 
any prosecutions commenced, against any person or persons, for, or by 
reason of the part which he or they may have taken in the present war ; 
and that no person shall, on that account, suffer any further loss or 
damage, either in his person, liberty or property ; and that those who 
may be in confinement on such charges, at the time of the ratification of 
the treaty in America, shall be immediately set at liberty, and the pro- 
secution, so commenced, be discontinued. 

Artfcle VII. There shall be a firm and perpetual peace between his 
Britannic Majesty and the said States, and between the subjects of the 
one and the citizens of the other : wherefore all hostilities, both by sea 
and land, shall from henceforth cease ; all prisoners on both sides shall 
be set at liberty ; and his Britannic Majesty shall, with all convenient 
speed, and without causing any destruction, or carrying away any 
negroes, or other property of the American inhabitants, withdraw all 
his armies, garrisons, and fleets, from the said United States, and from 
every post, place and harbour, within the same, leaving in all fortifica- 
tions the American artillery that may be therein ; and shall also 
order and cause all archives, records, deeds and papers, belonging to 
any of the said States, or their citizens, which, in the course of the 
war, may have fallen into the hands of his officers, to be forthwith 
restored, and delivered to the proper States and persons to whom they 
belong. 

Article VIII. Tlie navigation of the river Mississippi , frorti its source 
to the Ocean, shall forever remain free and open to the subjects of Great 
Britain and the citizens of the United Stoles. 

Article IX. In case it should so happen, that any place or territory 
belonging to Great Britain, or to the United States, should have been 
conquered by the arms of either from the other, before the arrival of 
the said provisional articles in America, it is agreed, that the same 
shall be restored without difficulty, and without requiring compensation. 



224 GOVERNMENTAL HISTORY 

Article X. The solemn ratification of the present treaty, expedited 
in good and due form, shall be exchanged between the contracting par- 
ties in the space of six months, or sooner, if possible, to be computed 
from the day of the signature of the present treaty. 

In toitness whereof^ we, the undesigned, their ministers Plenipotentiary, 
have, in their name, and in virtue of our full powers, signed with our 
hands the present Detinitive Treaty, and caused the seals of our 
arms to be affixed thereto. Done at Paris, September 3d, 1783. 

L. S. John Adams, 
L. S. David Hartley, 
L. S, B. Franklin, 
L. S, John Jay. 



CHAPTER II. 

We do not propose to enter into an enumeration of 
the objections which were made by the respective States 
to tile ratification of the articles of confederation, or 
to note the various causes of the delay which preceded 
their final adoption. It is sufficient to observe that the 
critical importance of the occasion demonstrated the 
necessity of relinquishing those objections in order 
speedily to establish their union, and place them in a 
position to be recognised as a nation by foreign powers. 
The question, however, which more than any other 
hindered their success, and gave rise to the most serious 
and alarming controversy, respected the boundaries of 
the several States, and the disposition of the lands 
which had been held by the crown within the reputed 
limits of each. Those boundaries, according to the 
provisions of the patents under which many of the 
Colonies had been erected, were limited by the " South 
Sea," or extended inde6nitely towards the western 
wilderness. The larorer States claimed exclusive title 



OP THE UNITED STATES. 225 

to all those lands, within their territorial limits; while 
on the other hand it was contended, that all such lands, 
within w^hichever of the States, as were unoccupied at 
the commencement of the war, and belonged to Great 
Britain, should be deemed common property, subject 
to the disposal of Congress for the general good. 
Amid this conflict of claims and interests, of opinions 
and passions, it was difiicult to fix upon any regulation 
which would give satisfaction to all the parties to the 
compact. The subject was looked upon as one of 
great importance, and seemed alone destined to prevent 
a union under the Confederacy. Happily, however, 
the Legislature of New York* passed an act au- 
thorising a surrender to Congress of a part of the 
western domains claimed by her — ^" for the use and 
benefit of such States as should .become members of 
the FEDERAL ALLIANCE." Cougrcss took occasion, 
from this magnanimous example, to appeal to the other 
States, for a similar cession of their claims, urging upon 
them to consider " how indispensably necessary it was 
to establish the federal union on a fixed and perma- 
nent basis, and on principles acceptable to all its respec- 
tive members * how essential to public credit and con- 
fidence ; to the support of their army ; to the vigor of 
their councils ; the success of their measures ; to tran- 
quility at home and their reputation abroad ; to their 
very existence as a free, sovereign, and independent 
people." The example of New York was followed by 
YiRGiNiA, and afterwards by South-Carolina, Geor- 
gia, Massachusetts, and Connecticut, and thus 
was lulled this fearful source of controversy. 

The following were the Articles of Confederation, 
drawn up by the Committee appointed for that purpose, 

* February, 1780. 



226 GOVERNMENTAL HISTORY 

consisting of Messrs. Bartlett, Samuel Adams, Hopkins, 
Sherman, R. R. Livingston, Dickinson, M'Kean, Stone, 
Nelson, Howes, E. Rutledge, and Gvvinnet. 

In Congrkss, July 8, 1778. 
Articles of Confederation and Perpetual Union, between the 

States of New Hampstiirr, Massachusetts Bay, Rhode Island 

AND Providence Plantations, Connecticut, New York, New 

Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 

Carolina, South Carolina and Georgia. 

Art. 1. The style of this confederacy shall be, " The United States 
of America." 

Art. 2. Each State retains its sovereignty, freedom and indepen- 
dence, and every power, jurisdiction and right, which is not by this 
confederation expressly delegated to the United States in Congress 
assembled. 

Art. 3. The said States hereby severally enter into a firm league of 
friendship with each other, for their common defence, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against -all force ofTcred to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade, or any 
other pretence whatever. 

Art. 4. § 1. The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds, and 
fugitives from justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several States ; and the people of each 
State shall have free ingress and egress to and from any other State, 
and shall enjoy therein all the privileges of trade and commerce, subject 
to the same duties, impositions and restrictions, as the inhabitants 
thereof respectively ; provided, that such restrictions shall not extend so 
far as to prevent the removal of property imported into any State, to any 
other State of which the owner is an inhabitant ; provided also, that no 
impositions, duties, or restriction shall be laid by any State on the pro- 
perty of the United States, or either of them. 

§ 2. If any person guilty of, or charged with treason, felony, or other 
high misdemeanor in any State, shall flee from justice, and be found in 
any part of the United States, he shall, upon the demand of the 
governor or executive power of the State from which he fled, be delivered 
up and removed to the State having jurisdiction of his offence. 

§ 3. Full faith anJ credit shall be given in each of these States, to 
the records, acts, and judicial proceedings of the courts and magistrates 
of every other State. 



OF THE UNITED STATES. 227 

Art. 5. § 1. For the more convenient management of the general 
interests of the United States, delegates shall be annually appointed in 
such manner as the Legislature of each State shall direct, to meet in 
Congress on the first Monday in November in every year, with a 
power reserved to each State to recall its delegates, or any of them, at 
any time within the year, and to send others in their stead, for the re- 
mainder of the year. 

§ 2. No State shall be represented in Congress by less than two, nor 
more than seven members; and no person shall be capable of being a 
delegate for more than three years, in any term of six years ; nor shall 
any person, being a delegate, be capable of holding any office under the 
United States, for which he, or any other for his benefit, receives any 
salary, fees, or emolument of any kind. 

§ 3. Each State shall maintain its own delegates in a meeting of 
the States, and while they act as members of the committee of these 
States. 

§ 4. In determining questions in the United States in Congress as- 
sembled, each State shall have one vote. 

§ 5. Freedom of speech and debate in Congress shall not be im- 
peached or questioned in any court or place oat of Congress, and the 
members of Congress shall be protected in their persons froin arrests and 
imprisonments during the time of their going to and from, and atten- 
dance on Congress, except for treason, felony, or broach of the peace. 

Art. 6. § 1. No State, without the consent of the United States in 
Congress assembled, shall send an embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty with 
any king, prince, or state, nor shall any person holding any office of 
profit or trust under the United States, or any of them, accept of any 
present, emolument, office or title, of any kind whatever, from any king, 
prince, or foreign state ; nor shall the United States in Congress assem- 
bled, or any of them, grant any title of nobility. 

§ 2. No two or more Sates shall enter into any treaty, confederation 
or alliance v/hatever, between them, without the consent of the United 
States in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

§ 3. No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United States, in 
Congress assembled, with any king, prince, or state, in pursuance of 
any treaties already proposed by Congress to the courts of France and 
Spain. 

§ 4. No vessels of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary by the United 
States in Congress assembled, for the defence of such State, or its trade ; 



228 GOVERNMENTAL HISTORY 

nor shall any body of forces be kept up by any State, in time of peace, 
except such number only as, in the judgment of the United States in 
Congress assembled, shall be deemed requisite to garrison the forts neces- 
sary for the defence of suoh State; but every State shall always keep up 
a well regulated and disciplined militia, sufficiently armed and accoutred, 
and shall provide and constantly have ready for use, in public stores, a 
due number of field-pieces and tents, and a proper quantity of arms, am- 
munition, and camp equipage. 

§ 5. No State shall engage in any war without the consent of the 
United States in Congress assembled, unless such State be actually in- 
vaded by enemies, or shall have received certain advice of a resolution be- 
ing formed by some nation of Indians to invade such State, and the dan- 
ger is so imminent as not to admit of delay till the United States in Con- 
gress assembled can be consulted ; nor shall any State grant commissions 
to any ships or vessels of war, nor letters of marque or reprisal, except it 
be after a declaration of war by the United States in Congress assembled, 
and then only against the kingdom or state, and the subjects thereof, 
against which war has been so declared, and under such regulations as 
shall be established by the United States in Congress assembled, unless 
such State be infested by pirates, in which case vessels of war may be 
fitted out for that occasion, and kept so long as the danger shall continue, 
or until the United States in Congress assembled shall determine other- 
wise. 

Art. 7. When land forces are raised by any State for the common de- 
fence, all officers of or under the rank of colonel, shall be appointed by 
the Legislature of each State respectively by whom such forces shall be 
raised, or in such manner as such State shall direct, and all vacancies 
shall be filled up by the State which first made the appointment. 

Art. 8. All charges of war, and all other expenses that shall be incurred 
for the common defence or general welfare, and allowed by the United 
States in Congres assembled, shall be defrayed out of a common treasury, 
■which shall be supplied by the several States, in proportion to the value 
of all land within each State, granted to or surveyed for any person, as 
such land and the buildings and improvements thereon shall be estimated, 
according to such mode as the United States in Congress assembled shall, 
from time to time, direct and appoint. The taxes for paying that propor- 
tion shall be laid and levied by the authority and direction of the Legisla- 
tures of the several States within the time agreed upon by the United 
States in Congress assembled. 

Art. 9. § 1. The United States in Congress assembled shall have the 
sole and exclusive right and power of determining on peace and war, ex- 
cept in the cases mentioned in the sixth article ; of sending and receiving 
ambassadors ; entering into treaties and alliances, provided that no treaty 



OF THE UNITED STATES. 229 

of commerce shall be made, whereby the legislative power of the respec- 
tive States shall be restrained from imposing such imposts and duties on 
foreigners, as their own people are subjected to, or from prohibiting the 
exportation or importation of any species of goods or commodities whatso- 
ever ; of establishing rules for deciding in all cases what captures on land 
or water shall be legal, and in what manner prizes taken by land or naval 
forces in the service of the United States shall be divided or appropriated ; 
of granting letters of marque and reprisal in times of peace ; appointing 
courts for the trial of piracies and felonies committed on the high seas ; 
and establishing courts for receiving and determining finally appeals in 
all cases of captures ; provided that no member of Congress shall be ap- 
pointed a judge of any of the said courts. 

§ 2. The United Stales in Congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever; v/hich authority shall always 
be exercised in the manner following : Wiienever the legislative or execu- 
tive authority or lawful agent of any State in controversy with another, 
shall present a petition to Congress, stating the matter in question, and 
praying for a hearing, notice thereof shall be given by order of Congress 
to the legislative or executive authority of the other State in controversy, 
and a day assigned for the appearance of the parties by their lawful agents, 
who shall then be directed to appoint, by joint consent, commissioners or 
judges to constitute a court for hearing and determining the matter in 
question ; but if they cannot agree. Congress shall name three persons out 
of each of the United States, and from the list of such persons each party 
shall alternately strike out one, the petitioners beginning, until the number 
shall be reduced to thirteen ; and from that number not less than seven, 
nor more than nine names, as Congress shall direct, shall, in the presence 
of Congress, be drawn out by lot ; and the persons whose name shall be 
so drawn, or any five of tliem, shall be commissioners or judges, to hear 
and finally determine the controversy, so always as a major part of the 
judges, who shall hoar the cause, shall agree in the determination : and 
if cither party shall neglect to attend at the day appointed, without show- 
ing reasons which Congress shall judge sufficient, or being present, shall 
refuse to strike, the Congress shall proceed to nominate thiee persons out 
of each State, and the secretary of Congress shall strike in behalf of such 
party absent or refusing ; and the judgment and sentence of the court, to 
be appointed in the manner before prescribed, shall be final and conclu- 
sive ; and if any of the parties shall refuse to submit to the authority of 
such court, or to appear or defend their claim or cause, the court shall 
nevertheless proceed to pronounce sentence, or judgment, which shall in 
like manner be final and decisive ; the judgment or sentence and other 

20 



230 GOVERNMENTAL HISTORY 

proceedings being in either case transmitted to Congress, and lodged 
among the acts of Congress, for the security of the parties concerned : 
provided, that every commissioner, before lie sits in judgment, shall take 
an oath, to be administered by one of the judges of the Supreme or Supe- 
rior Court of the State where the cause shall be tried, " well and truly to 
hear and determine the matter in question, according to the best of his 
judgment, without favor, affection, or hope of reward." Provided, also, 
that no State shall be deprived of territory for the benefit of the United 
States. 

§ 3. All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdiction, as they 
may respect such lands and the States which passed such grants are 
adjusted, the said grants or either of them being at the same time 
claimed to have originated antecedent to such settlement of jurisdiction, 
shall, on the petition of either party to the Congress of the United 
States, be fully determined, as near as may be, in the same manner as 
is before prescribed for deciding disputes respecting territorial jurisdiction 
between different States. 

§ 4. The United States in Congress assembled, shall also have the 
sole and exclusive right and power of regulating the alloy and value of 
coin struck by their own authority, or by that of the respective States ; 
fixing the standard of weights and measures throughout the United 
States: regulating the trade, and managing all affairs with the Indians, 
not members of any of the States : provided that the legislative right of 
any State, within its own limits, be not infringed or violated ; establish- 
ing and regulating postoffices from one State to another, throughout all 
the United States, and exacting such postage on the papers passing 
through the same, as may be requisite to defray the expenses of the 
said office ; appointing all officers of the land forces in the service of the 
United States, excepting regimental officers ; appointing all the officers 
of the naval forces, and commissioning all officers whatever in the 
service of the United States : making rules for the government and 
regulation of the said land and naval forces, and directing their opera- 
tions. 

§ 5. The United States in Congress assembled, shall have authority 
to appoint a committee to sit in the recess of Congress, to be denominated 
'• ACoinmiUeeoflhe States" and to consist of one delegate from each State : 
and to appoint such other committees and civil officers as may be necessary 
for managing the general affairs of the United States under their direction ; 
to appoint one of their number to preside ; provided that no person bo 
allowed to serve in the office of President more than one year in any 
term of three years ; to ascertain the necessary sums of money to be 
raised for the service of the United States, and to appropriate and Ripply 



OP THE UNITED STATES. 231 

the same for defraying the public expenses ; to borrow money or remit 
bills on the credit of the United States, transmitting every half year to 
the respective States an account of the sums of money so borrowed or 
emitted ; to build and equip a navy ; to agree upon the number of land 
forces, and to make requisitions from each State for its quota, in propor- 
tion to the number of white inhabitants in such State, which requisition 
shall be binding; and thereupon the Legislature of each State shall ap- 
point the regimental officers, raise the men, clothe, arm, and equip them, 
in a soldier-like manner, at the expense of the United States; and the 
officers and men so clothed, armed and equipped, shall march to the 
place appointed, and within the time agreed on by the United States in 
Congress assembled ; but if the United States in Congress assembled 
shall, on consideration of circumstances, judge proper that any State 
should not raise men, or should raise a smaller number than its quota, 
and that any other State should raise a greater number of men than the 
quota thereof, such extra number shall be raised, officered, clothed, 
armed, and equipped in the same manner as the quota of such State, 
unless the Legislature of such State shall judge that such extra number 
cannot be safely spared out the same, in which case they shall raise, 
officer, clothe, arm, and equip, as many of such extra number as they 
judge can be safely spared, and the officers and men so clothed, armed, 
and equipped, shall march to the place appointed, and within the time 
agreed on by the United States in Congress assembled. 

§ 6. The United States in Congress assembled shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor enter 
into any treaties or alliances, nor coin money, nor regulate the value 
thereof, nor ascertain the sums and expenses necessary for the defence 
and welfare of the United States, or any of them, nor emit bills, nor bor- 
row money on the credit of the United States, nor appropriate money, nor 
agree upon the number of vessels of war to be built or purchased, or the 
number of land or sea forces to be raised, nor appoint a commander-in- 
chief of the army or navy, unless nine States assent to the same : nor 
shall a question on any other point, except for adjourning from day to 
day, be determined, unless by the votes of a majority of the United States 
in Congress assembled. 

§ 7. The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, so 
that no period of adjournment be for a longer duration than the space 
of six months, and shall publish the journal of their proceedings monthly, 
except such parts thereof relating to treaties, alliances, or military opera- 
tions, as in their judgment require secrecy ; and the yeas and nays of the 
delegates of each State, on any question, shall be entered on the journal, 
when it is desired by any delegate ; and the delegates of a State, or any 



232 GOVERNMENTAL HISTORY 

of them, at his or their request, shall be furnished with a transcript of the 
said journal, except such parts as are above excepted, to lay before the 
Legislature of the several States. 

Art, 10. The committee of the States, or any nine of them, shall be 
authorized to execute, in the recess of Congress, such of the powers of 
Congress as the United States, in Congress assembled, by tlie consent of 
nine States shall, from time to time, think expedient to vest them with ; 
provided that no power be delegated to the said committee, for the exer- 
cise of which, by the articles of confederation, the voice of nine States, 
in the Congress of the United States assembled, is requisite. 

Art. 11. Canada acceding to this confederation, and joining in the 
measures of the United States, shall be admitted into and entitled to all 
the advantages of this Union : But no other colonj shall be adinitted into 
the same, unless such admission be agreed to by nine States. 

Art. 12. All bills of credit emitted, moneys borrowed, and debts con- 
tracted, by or under the authority of Congress, before the asserubling of 
the United States, in pursuance of the present Confederation, shall be 
deemed and considered as a charge against the United States, for pay- 
ment and satisfaction whereof the said United States and the public faith 
are hereby solemnly pledged. 

Art. 13. Every State shall abide by the determination of the United 
States in Congress assembled, in all questions which, by this Confedera- 
tion, are submitted to them. And the articles of this Confederation shall 
be mviolabiy observed by every State, and the union shall be perpetual ; 
nor shall any alteration at any time hereafter be made in any of them, 
unless such alteration be agreed to in a Congi-ess of the United States, 
and be afterwards confirmed by the Legislature of every State. 

And whereas it hath pleased the great Governor of the world to incline 
the hearts of the Legislatures we respectively represent in Congress, to 
approve of, and to authorise us to ratify the said Articles of Confederation 
and pei-petual union. Know ye, that we, the undersigned delegates, by 
virtue of the power and authority to us given for that purpose, do, by 
these presents, in the name and in behalf of our respective constituents, 
fully and entirely ratify and confirm each and every of the said Articles 
of Confederation and perpetual union, and all and singular the matters 
and things therein contained. And we do farther solemnly plight and 
engage the faith of our respective constituents, that they shall abide by 
the determination of the United States in Congress assembled, in all ques- 
tions which, by the said Confederation, are submitted to them; and that 
the articles thereof shall be inviolably observed by the States we resj)ec- 
tively represent, and that the union shall be perpetual. In witness 
whereof, we have hereunto set our hands in Congress. 

Done at Philadelphia, in the State of Pennsylvania, the ninth day of 



OF THE UNITED STATES. 



233 



July, in the year of our Lord, 1778, and in the third year of the Inde- 
pendence of America. 



NEW HAMPSHIRE. 

Josiah Bartlett, 
John Wentworth, Jr. 

MASSACHUSETTS BAY 

John Hancock, 
Samuel Adams, 
Elbridge Gerry, 
Francis Dana, 
James Lovel, 
Samuel Holten. 

RHODE ISLAND, &C. 

Vv^iUiam Ellery, 
Henry Marchant, 
John Collins. 

CONNECTICUT. 

Roger Sherman, 
Samuel Huntington, 
Oliver Wolcott, 
Titus Hosmer, 
Andrew Adams. 

NEW YORK. 

James Duane, 
Fra. Lewis, 
William Duer, 
Gouv, Morris. 

NEW JERSEY. 

Jno. Witherspoon, 
Nath. Scudder. 

PENNSYLVANIA. 

Robert Morris, 
Daniel Roberdeau, 



Jona. Bayard Smith, 
William Clingan, 
Joseph Reed. 

DELAWARE 

Thomas M'Kean, 
John Dickinbon, 
Nicholas Van Dyke. 

MARYLAND. 

John Hanson, 
Daniel Carroll. 

VIRGINIA. 

Richard Henry Lee, 
John Banister, 
Thomas Adams, 
Jno. Harvie, 
Francis Lightfoot Lee. 

NORTH CAROLINA. 

John Penn, 
Cons. Harnett, 
Jno. Williams. 

SOUTH CAROLINA. 

Henry Laurens, 
Wm. Henry Drayton, 
Jno. Matthews, 
Richard Huts on, 
Thos. Hey v/ard, jr. 

GEORGIA. 

Jno. Walton, 
Edward Telfair, 
Edward Langworthy. 



Such were the provisions contained in those Articles 
under which the several Colonies had confederated 
together as Independent States. It is easy for us 
to discover their most exceptionable features, comparing 
them, as we may, with the lessons of experience, and 
the more successful operation of the present Constitu- 
tion. But when we think of the difficulties which 

20* 



234 GOVERNMENTAL HISTORY 

were encountered in their formation ; when we con- 
sider how few were the sources whence light could be 
derived to illumine their councils ; and how wholly 
they were without any experience to demonstrate the 
impracticability of the plan of administration proposed, 
we cease to wonder at its inefliciency. The peculiar 
circumstances under which a frame of government was 
called for. The grievances and oppressions which 
they had sustained, and were still smarting under, from 
the arbitrary enactments of tlie administration in Eng- 
land, rendered the Colonies extremely jealous of any 
authority to be erected, whose powers should, in any 
degree, control or restrain their own legislation. The 
delegates of the nation, therefore, found themselves in 
a situation at once new and peculiar. They could 
look upon the history of other republics as beacons to 
warn, but not as lights to guide. The one for which 
they were called upon to legislate was without its 
precedent or its parallel in the world's history. The 
States had understood the benefits of union only as 
Colonies, and with reference to restraining or resisting 
the arbitrary extension of its authority by a power to 
which they acknowledged and confessed all due allegi- 
ance, and from which they had not even thought of 
separating themselves. But now that they had severed 
the tie of their political relationship with the parent coun- 
try, they became extremely doubtful and cautious with 
what attributes they should clothe a National Admin- 
istration. These reflections introduce us at once to the 
causes which produced the main detects of these Articles. 
It will be observed as the most pernicious of all their pro- 
visions, that in the States was reserved the right and 
the power of carrying out the decrees of the general 
government, and executing them upon the people, 



OP THE UNITED STATES. 235 

within their respective jurisdictions ; while it was 
utterly impossible to invest the general government, 
CONGRESS, with any power by which it could enforce 
the States themselves, to comply with its measures. 
The evil might, perhaps, have been avoided, had the 
question been, not what powers shall the States yield 
up to Congress? but, on whom shall fall that superin- 
tending sovereignty which was but lately admitted to 
reside in the Crown and Parliament? If they were to 
unite as a nation, the object desired was, to erect a 
government which should be invested with those very 
attributes of sovereignty, subject only to such re- 
strictions as might, peradventure, arise from the pe- 
culiar relations of the parties to the compact. Had the 
Colonies themselves been wholly independent of each 
other, when they proclaimed their independence of 
Great Britain, then the sovereignty exercised over each 
of them, by the parent state, would undoubtedly have 
reverted to each respectively. Then they might have 
considered them.selves invested with the absolute and 
vmqualified attributes and powers of sovereignty. But, 
before that independence was declared, they had, by the 
very necessities of their situation, and by their own 
voluntary acquiescence in the exercise of the powers it 
necessarily assumed, subjected themselves to the direc- 
tion and control of a general government, which was 
virtually vested with these very prerogatives of sove- 
reignty. The revolutionary Congress, the nation's 
Congress, the authorised representatives of the whole 
American people, had already assumed and exercised the 
powers theretofore belonging to the Crown and Parlia- 
ment, and no one ever thought of questioning the valid- 
ity of their proceedings, or of resisting their authority. 



236 GOVERNMENTAL HISTORY 



CHAPTER III. 

In order to understand more fully the nature and 
extent of the relative dependance of the several Colo- 
nies upon each other, we must revert to the earlier part 
of their history. As far back as the month of May in 
the year 1643j we find that articles of confedera- 
tion Avere entered into between the Nev/-England 
Colonies — Massachusetts, Plymouth, Connecti- 
cut, and New Haven — wherein they declared that they 
had entered into a firm and perpetual league for the 
purpose of securing their iniUiml safety and jyrotec- 
tion. Under these Articles each Colony retained its 
distinct and separate jurisdiction. The consent of all 
of them v>^as required in order to enable any two to 
unite under one jurisdiction ; as well as to admit any 
other Colony into the general confederacy. All charges 
were to be borne by the Colonies respectively, in pro- 
portion to the number of male inhabitants between six- 
teen and sixty years of age. Whenever an invasion 
occurred, and notice thereof was given by three magis- 
trates of any Colony, the several members of the Con- 
federacy were immediately to furnish their respective 
quota of military — which were fixed at one hundred 
for Massachusetts, and forty-five for each of the other 
parties to the compact. In case a larger armament was 
required, the Commissioners were to decide upon their 
number. Two Commissioners from each Colony, who 
were church members, were to meet annually on the 
first Monday of September. Six of them constituted a 
quorum, and any measure passed by a less number 



OP THE UNITED STATES. 237 

than six, was submitted to the General Assembly of 
the several Colonies, whose approbation of it was ne- 
cessary to render it binding. A President was chosen 
annually from their own body, and they were empow- 
ered to frame all laws and ordinances relating to the 
general interests. Each Colony was prohibited from 
engaging in war without the consent of the rest, unless 
in case of a sudden invasion by the Indians. In extra- 
ordinary cases the Commissioners determined on the 
necessity of a war, and called for their respective con- 
tributions from the several Colonies. But six Commis- 
sioners were required to agree upon the justice of the 
war, as well as to settle the necessary expenses, and 
levy the money for the same. In case one Colon^r was 
charged with violating any article of the compact, or 
infringing upon the rights of another Colony, the Com- 
missioners of the disinterested Colonies were the judges 
to hear and determine the matters in controversy. 

Again, while a convention, composed of delegates from 
the several Colonies, was sitting at Albany, for the pur- 
pose of conferring with the Five Nations of Indians, 
with a view to form an alliance with them, in order more 
effectually to resist the encroachments and invasions of 
the French ;* they at the same time devised the plan of 
a General Uraon of the Colonies. The delegates from 
Maryland, Pennsylvania, Connecticut, Rhode 
Island, Massachusetts, and New Hampshire, Avith 
the Lieut. Governor and Council of New York, 
appointed a Committee of one member from each Colony 
to draft a plan for this purpose. The following was re- 
ported and adopted by the Convention. 

" It is proposed that humble application be made for an Act of Parlia- 
ment of Great Britain, by virtue of which one general government may 
* 1754. 



238 * GOVERNMENTAL HISTORY 

be formed m America, including all the Colonies; within and under 
which govprnmont each Colony may retain its present constitution, 
except in the particulars wherein a change may be directed by the said 
act as herein after follows, 

I. That the said General Government be ad-ninistered by a Presi- 
dent General, to be appointed and supported by the Crown ; and a 
Grand Council to be chosen by the representatives of the prople of the 
several Colonies, met in their assemblies. 

II. That within monfhs after passing such act, the houses of 

representatives that happen to be sitting within that time, or that shall 
be especially for that purpose convened, may and shall choose members 
for ttie Grand Council in the following proportion, that is to say; Massa- 
chusetts Bay, 7. New Hampshire, 2. Connecticut, 5. Rhode Island, 
2. New York, 4, New Jersey, 3. Pennsylvania, 6. Maryland, 4. 
Virginia, 7. North Carolina, 4. South Carolina, 4. Total 48. 

III. The Grand Council shall meet for the first time at the city of 
Philadelphia, in Pennsylvania, being called by the President General as 
soon as conveniently may be after his appointment. 

IV. That there shall be a new election of the members of the Grand 
Council every three years; and that on the death or resignation of any 
member, his place shall be supplied by a new choice at the next sitting 
of the assemblies of the Colony he represented. 

V. That after the first three years, when the proportion of money 
arising out of each Colony to the general treasury can be known, the 
number of members to be chosen for each Colony shall, from time to 
time, in all ensuing elections, be regulated by that proportion; yet so as 
that the number to be chosen by any one province be not more than 
seven, nor less than two. 

VI. That the Grand Council shall meet once in every year, and 
oftener if occasion requires, at such time and place as they shall adjourn 
to at the last preceding meeting, or as they shall be called to meet at by 
the President General, on an}'^ emergency ; he having first obtained in 
writing the consent of seven of the members to such call, and sent due 
and timely notice to the whole. 

VII. That the Grand Council have power to choose their speaker : and 
shall neither be dissolved, prorogued, nor continued sitting longer than 
six weeks at one time ; without their own consent, or the special com- 
mand of the Crown. 

VIII. That the members of the Grand Council shall be allowed for 
their services ten shillings sterling per diem, during their session, and 
journey to and from the place of meeting ; twenty miles to be reckoned 
a day's journey. 

IX. That the assent of the President General be requisite to all acts 



OF THE UNITED STATES. 239 

of the Grand Council; and that it be his office and duty to cause them to 
be carried into execution. 

X. That the President General, with the advice of the Grand Council 
hold or direct all Indian treaties in which the general interest of the 
Colonies maybe concerned ; and make peace or declare war with Indian 
nations. 

XI. That they make such laws as they judge necessary for regula- 
ting all Indian trade. 

XII. That they make all purchases from the Indians, for the Crown, 
of lands not now within the bounds of particular Colonies ; or that shall 
not be within their bounds, when some of them are reduced to more con- 
venient dimensions. 

XIII. That they make new settlements on such purchases, by granting 
lands in the King's name, reserving a quit rent to the Crown, for the use 
of the general treasury. 

XIV. That they make laws for regulating and governing such new set- 
tlements, until the Crown shall think fit to form them into particular 
governments. 

XV. That they raise and pay soldiers, build forts for the defence of 
any of the Colonies, and equip vessels of force to guard the coasts and 
protect the trade on the ocean, lakes, or great rivers ; but they shall not 
impress men in any Colony, without the consent of the legislature. 

XVI. That for these purposes they have power to make laws, and lay 
and levy such general duties, imposts or taxes, as to them shall appear 
most equal and just, (considering the ability and other circumstances of 
the inhabitants in the several Colonies,) and such as may be collected 
with the least inconvenience to the people ; rather discouraging luxury, 
thR,n loading industry with unnecessary burdens. 

XVII. That they may appoint a General Treasurer, and Particular 
Treasurer in each government, when necessary ; and from tiaie to time 
may order the sums in the treasuries of each government into the general 
treasury, or draw on them for special payments, as they find most conve- 
nient. 

XVIII. Yet no money to issue but by joint orders of the President Gene- 
ral and Grand Council, except where sums have been appropriated to par- 
ticular purposes, and the President General has been previously empow- 
ered, by any act, to draw for such sums. 

XIX. That the general accounts shall be yearly settled and reported to 
the several Assemblies. 

XX. That a quorum of the Grand Council, empowered to act with 
the President General, do consist of tv/enty-iive members ; among whom 
there shall be one or more from the majority of the Colonies. 

XXL That the laws made by them for the purposes aforesaid, shall 



240 GOVERNMENTAL HISTORY 

not be repugnant, but, as near as may be, agreeable to the laws of En- 
gland, and shall be transmitted to the King in Council, for approbation, 
as soon as may be after their passing ; and if not disapproved within three 
years after presentation, to remain in force. 

XXII. That in case of the death of the President General, the Speaker 
of the Grand Council for the time being shall succeed, and be vested with 
the same powers and authorities, to continue until the King's pleasure be 
known. 

XXIII. That all military commission officers, whether for land or sea 
service, to act under this General Constitution, shall be nominated by the 
President General ; but the approbation of the Grand Council is to be ob- 
tained before they receive their commissions. And aU civil officers are to 
be nominated by the Grand Council, and to receive the President Gene- 
ral's approbation before they officiate. 

XXIV. But in case of vacancy, by death, or removal of any officer, civil 
or military, under this Constitution, the Governor of the Province in 
which such vacancy happens, may appoint until the pleasure of the Presi- 
dent General and Grand Council can be known. 

XXV. That the particular military as well as civil establishments in 
each Colony remain in their present state, the General Constitution not- 
withstanding ; and that on sudden emergencies any Colony may defend 
itself, and lay the accounts of expense thence arising before the President 
General and Grand Council, who may allow and order payment of the 
same as far as they judge such accounts reasonable. 

This plan of union, however, was never sanctioned. • 
It was objected to in England as hazardous to the supre- 
macy of theraother countr^^, and in America as con- 
ceding too much power to the Crown and Parliament 
of Great Britain. We refer to these records of Colonial 
liistory simply as indicating the sentiments of the sev- 
eral Colomcs respecting tlie nature and the necessity 
of their dependence upon each other, and as demon- 
strating the fact, that they had at all times felt and un- 
derstood that their mutual interests and safety could bo 
truly and effectually secured and promoted only by 
their ce^'eral union. This is also clearly illustrated, 
as we have seen, in all their subsequent history. It 
was by their union that they had interposed the most 



OF THE UNITED STATES. 241 

formidable resistance to the encroachments of Parlia- 
ment. Without this all their aims and efforts would 
have been wholly ineffectual. To dissolve it, to destroy 
the harmony of their association, and to set them in 
array asrainst each other, was the desire and the aim of 
the ministers of Greac Britain. Their past history, 
therefore, the causes which had brought about a decla- 
ration of their independence, and the very circumstances 
imder which that independence was declared, had ori- 
ginated and established between them ties of political 
relationship, and mutual reliance or dependence, which 
could not, thereafter, with reason or propriety, be called 
in question. It was collectively that they had declared 
themselves an independent nation, and, as one great 
nation, inseparably united, tliey pledged themselves to 
mankind, and to one another, to achieve and to maintain 
that independence. It would have been a violation of 
this solemn pledge, and of the faith v/ith which they 
had encouraged the wliole American people to confide 
in that pledge, had any one of them thereafter departed 
from its provisions. It was as United States that their 
independency was acknowledged by the Crown of 
Great Britain, and a treaty of peace made with them. 
It was, therefore, essential to the preservation of their 
faith at home, and their respectability abroad, and 
to their existence as an independent nation, that they 
should continue united. To preserve their union, 
and to establish their nationality, it was also essen- 
tial that they should erect a national government, 
and it was equally essential that that government 
should possess all the attributes and prerogatives of 
sovereignty — within the sphere over which its adminis- 
tration was to operate. Consequential to their union 
and this necessity, was produced the singular anomaly 

21 



242 GOVERNMENTAL HISTORY 

of the constituent parts of a nation brought into compe- 
tition with the nation itself for these abeyant powers of 
sovereignty. And it was this very ground of contro- 
versy which poisoned the provisions of the confeder- 
ation, and rendered it wholly incompetent to the ends 
and the uses it was intended to accomplish^ It was 
the reservation in the States, of those powers which 
must belong, and which ought to have been admitted 
to belong, to the General Government, which ren- 
dered it a lifeless instrument. It was like the spirit 
breathing in a paralyzed and helpless frame, the essen- 
tials which constituted a being were there, while the 
power which alone rendered them useful or available 
was taken away. The political sovereignty of the 
General Government was acknowledged, and a su- 
premacy of power, inherent in its existence as an 
independent body, was admitted, while at the same 
time the States claimed for themselves the very 
powers which were a component part of the attributes 
of sovereignty and independence. Hence it resulted 
that the powers confided to Congress were merely de- 
claratory. It was simply a legislative administration. 
It was without the power requisite to carry into full 
and effective operation an)?' measure which it might 
deem necessary for the general good. It must resort 
to the States, severally and respectively, for their ap- 
probation of its measures. Independent of a concur- 
rent action of the State legislatures, it could not exer- 
cise any executive powers. Indeed, it was a govern- 
ment whose executive authority was vested in thirteen 
independent sovereignties, with whom a variety of 
feelings, of local interests, and of sectional rivalry, 
might operate to produce hostility to its ordinances. 
True, it was invested with power to adopt and to re- 



OP THE UNITED STATES. 243 

commend, but this availed nothing where there were 
so many considerations to justify a non-compliance, and 
to create a difference of opinion even, on the part of 
those to whom it must look for life and efficiency to its 
own deliberations. Such differences of opinion might 
and did exist, in perfect consistency with the purest 
patriotism and the best intentions, in the several States. 
Eacli yielding to the persuasions of immediate and 
local advantage, might, naturally enough, feel itself 
justified in disregarding the enactments of the General 
Government. Thus Congress was reduced to the mere 
pageantry of power. It might pass laws, but it could 
not enforce their observance. No authority was ex- 
pressly conferred to compel obedience to its mandates, 
and such power could not be implied while each State 
claimed for itself the exercise of " every power, right, 
and jurisdiction, not expressly delegated to Cfongress." 
The necessary and unavoidable consequence was, that 
its enactments were a nullity, alike disregarded by the 
States and set at defiance by individuals. Each, and 
every one complied or refused compliance as interest 
or feeling prompted ; and no transgressor apprehended 
any dangerous or fearful consequences from a body 
which had no power to punish ; whose sovereignty 
was vo.T et ijreterea nihil. 

Another serious embarrassment resulting from this 
system was, that there was no power in the General 
Government to provide a revenue to meet its current 
expenses. It could ascertain what sums were neces- 
sary to be raised for this pivpose, and designate the 
proportion to come from each State, but the power to 
levy and collect the same was expressly reserved in 
the States. It is impossible for us, at this day, to un- 
derstand all the mischiefs which resulted from this part 



244 GOVERNMENTAL HISTORY 

of the system during the war. To know them in their 
full and thrilling reality we must make ourselves fa- 
miliar with all the details of the revolution. Had not 
Congress resorted to foreign loans, that revolution 
might, perhaps, never have been accomplished. *' The 
principal powers of the General Government," says 
Justice Story, " respected the operations of war, and 
would be dormant in time of peace. In short, Con- 
gress in peace was possessed of but a delusive and 
shadowy sovereignty, with little more than the einpty 
pageantry of office. The3^ were indeed clothed with 
the power of sending and receiving ambassadors, and 
entering into treaties and alliances ; of appointing courts 
for the trial of felonies and piracies on die high seas, 
and of regulating the public coin; of fixing the stand- 
ard of weights and measures ; of regulating post-offices ; 
of borrowing money and emitting bills on the credit of 
the United States ; of ascertaining and appropriating 
the sums necessary for defraying the public expenses ; 
and of disposing of the western territory ; and most of 
these powers required the assent of nine States. But 
they possessed not the power to raise any revenue ; to 
levy any tax ; to enforce any law ; to secure any right ; 
to regulate any trade ; or even the poor prerogative of 
commanding means to pay its own ministers at a for- 
eign court. They could contract debts, but were with- 
out the means to discharge them. They could pledge 
the public faith, but they were incapable of redeeming 
it. They could enter into treaties, but every State in 
the union could disobey them, with impunity. They 
could constitute courts for piracies and felonies on the 
high seas, but they had no means to pay either the 
judges or the jurors. In a word, all powers which did 
not execute themselves were at the mercy of the States, 



OF THE UNITED STATES. 245 

and might be trampled upon at will and with impu- 
nity." In the more summary and expressive language 
of John Jay, " they may declare every thing, and do 
nothing." " The United States," says the Federalist, 
" have an indefinite discretion to make requisitions for 
men and money, but they have no authority to raise 
either, by regulations extending to the individuals of 
America. The consequence of this is, that though in 
theory their resolutions concerning these objects are 
laws, constitutionally binding on the members of the 
Union, yet in practice, they are mere recommendations 
which every State may observe or disregard, at its 
option." And again, " The concurrence of thirteen 
distinct sovereignties is requisite under the Confedera- 
tion, to the complete execution of every important 
measure which proceeds from the Union ; and Con- 
gress at this time scarcely possesses the means of keep- 
ing up the forms of the administration till the States 
can have time to agree upon a more substantial substi- 
tute, for the present shadow of a Federal Government." 
" A government," says Chief Justice Marshall, " author- 
ised to declare war, but relying on independent States 
for the means of prosecuting it ; capable of contracting 
debts, and of pledging the public faith for their pay- 
ment, but dependent upon thirteen distinct sovereign- 
ties for the preservation of that faith, could only be 
saved from ignominy and contempt by finding those 
sovereignties administered by men exempt from the 
passions incident to human nature." 



246 GOVERNMENTAL HISTORY 



CHAPTER IV. 

The quotations which close the preceding chapter, 
while they pour tray the radical errors existing in the 
ARTICLES OF CONFEDERATION, scrvc also to illustrate 
the causes which made that system of administration 
such as it was, and which rendered it so feeble and so 
defective. As we have before remarked, it was the 
controversy — originated by their peculiar position at 
the declaration of their independence — between the 
several Colonies, or States, and the General Government 
sought to be established, as to the general powers of 
sovereignty. We see how, while the states claimed for 
themseh^es those prerogatives and aimed to restrict the 
powers of Congress, a government was erected whose 
administration was dependant on their will and delib- 
erations. If wo could suppose it to operate at all, such 
a government must necessarily experience great em- 
barrassment in its operations. For, could we suppose 
the unanimous assent of these several bodies to its 
measures, that all were ready and eager promptly to 
execute them, it would yet be long before the ordinary 
forms of their administration could bring to its aid the 
most needful requisitions ; and promptitude, especially 
in the then circumstances of the nation, was essential 
to the successful termination of its mensures. But this 
is supposing what it was impossible, in the natural 
course of things, could exist, where there was so much 
occasion for a diversity of opinion. It could not be 
supposed, or expected, where these several bodies were 
liable to be swayed each by its respective sectional views, 



r 



OF THE UNITED STATES. 247 

and by political rivalry, that unanimity could pre- 
vail ; or that a government so dependant could be pre- 
served. Experience had proved its utter inefficiency 
during the war of the revolution ; and, after peace was 
proclaimed and established, and the perplexities and 
anxieties, and more pressing sense of mutual depend- 
ance, incident to the war, were allayed ; after the pri- 
mary object of their union was accomplished, and the 
power of the Crown was wholly exterminated, and 
their independence was acknowledged by the parent 
State ; the States were ready with plausible reasons 
for evading the requisitions of Congress. The accu- 
mulating difficulties originating under such a system 
of administration, and the consequently increasing em- 
barrassments of the General Government, left scarcely 
a vestige of hope that it could long be respected or pre- 
served. The treasury, which was never full, was now 
entirely exhausted ; and the responsibilities were con- 
stantly multiplying, while the public faith was gone, 
of a nation burthened with a debt of $42,000,000, which 
consisted of loans obtained from Holland and France, 
and the remainder from, its own citizens, who had also 
periled their lives, and poured out their blood, and 
nobly fought for its independence. Yet few seem to 
have been moved by these alarming symptoms of ruin 
and decay which wererapidly developing around them. 
The earliest suggestion which was made of the in- 
efficiency of the Confederation as an instrument of gov- 
ernment, emanated from the Legislature of New York.* 
Concurrent resolutions were introduced into the Senate 
by General Schuyler, wherein it was declared, that 
" the radical source of most of the existing embarrass- 
ments was the want of sufficient power in Congress ; 
♦ July, 1782. 



248 GOVERNMENTAL HISTORY 

that the Confederation was defective in several essen- 
tial points, and particularly in not vesting the Federal 
Government, either with a power of providing a reve- 
nue for itself, or with ascertained and productive funds 
— that its defects could not be repaired, nor the powers 
of Congress extended by partial deliberations of the 
States separate!)" — and that it was advisable to propose 
to Congress to recommend, and to each state to adopt, 
the measure of assembling a General Convention of the 
States, specially authorised to revise and amend the 

ARTICLES OF CONFEDERATION." TIlis WaS folIoWCd 

by a resolution in Congress,* " that the establishment 
of permanent and adequate funds throughout the 
United States was indispensable to do justice to the 
public creditors." Subsequently to this, resolutions 
were passed, asking from the States permission for 
Congress to lay certain specified duties, on various ar- 
ticles of importation. It was proposed that these should 
continue for twenty-five years, and that the revenue 
thence accruing should be applied solely to the pay- 
ment of the public debt, principal and interest. The 
collectors to be appointed by the States, and removable 
by Congress. It was also further proposed that other 
requisitions might be made on the States, to establish 
a revenue for other purposes according to a fixed quota ; 
and that this system should go into operation on the 
consent of all of the States. 

The measures thus proposed Avere urged upon the 
States by the most forcible, eloquent, and patriotic ap- 
peals from the most distinguished and able statesmen 
of that day ; and were made the special object of com- 
mendation in circulars addressed by Washington to the 
Governors of the several States, as he was about to re- 

* February, 1783. 



OF THE UNITED STATES. 249 

sisfn his command of the American arniies, and as his 
farewell advice to his countrymen ; in which he says, 
"Unless the States will suffer Congress to exercise 
those prerogatives which they are undoubtedly invested 
with by the Constitution, every thing must very rapidly 
tend to anarchy and confusion. It is indispensable to 
the happiness of the individual States that there should 
be lodged somewhere a supreme power to regulate and 
s-overn the freneral concerns of the Confederated Re- 
public, without which the Union cannot be of long 
dm-ation. There must be a faithful and pointed com- 
pliance on the part of every State with the late propo- 
sals and demands of Congress, or the most flital conse- 
quences will ensue. Whatever measures have a ten- 
dency to dissolve the Union, or contribute to violate or 
lessen the sovereign authority, ought to be considered 
hostile to the liberty and independence of America, and 
the authors of them treated accordingly. And, lastly, 
unless v/e can be enabled, by the concurrence of the 
States, to participate in the fruits of the Revolution, and 
enjoy the essential benefits of civil society, under a form 
of government so free and uncorrupted, so happily 
guarded against the danger of oppression, as has been 
devised by the Articles of Confederation ; it will be a 
subject of regret that so much blood and so much 
treasure have been lavished to no purpose, that so 
many sufferings have been encountered without com- 
pensation, and that so many sacrifices have been made 
in vain." 

A compliance with these wise and prudent councils, 
however, seemed to be impossible under the existing 
state of popular opinion. The States still retained 
their early prejudices against a general sovereignty, and 
were reluctant to surrender to Congress the preroga- 



250 GOVERNMENTAL HISTORY 

lives necessary to give duration, sta1)ility, and efficiency, 
to" the Federal Government. And here we cannot help 
remarking tlie agency of that mysterious Providence 
whose superintending care is so apparent in all their 
early history. It was important that they should be 
brought to understand, more thoroughly than their ex- 
perience hitherto had taught them, the benefits and the 
necessity of their union. It was necessary, in order to 
give permanency and stability to the frame of govern- 
ment which w^is thereafter to be erected, that their ex- 
perience should be such as might convey a lesson of in- 
struction to all coming generations of their descendants ; 
and before we allow ourselves to estimate lightly the 
untold blessings and benefits of the union, we should 
ponder well this portion of our governmental history. 
Its record is graphically summed up. in an interesting 
appeal made by the Congress to the States.* The re- 
port adopted on that occasion says, " in the course of 
this enquiry it most clearly appears that the requisitions 
of Congress for eight years past have been so irregular 
in their operation, so uncertain in their collection, 
and so evidently unproductive, that a reliance on them 
in future as a source from whence monies are to 
be dra\vn to discharge the engagements of the Con- 
federation, definite as they are in time and amount, 
would be no less dishonorable to the understanding of 
those who entertained such confidence, than it would 
be dangerous to the welfare and peace of the Union. 
It has therefore become the duty of Congress to declare, 
most explicitly, that the crisis has arrived when the 
people of these United States, by whose will and 
for whose benefit the Federal Goverimient was insti- 
tuted, must decide whether they will support their rank 

* Febiuary, 1786. 



OF TPIE UNITED STATES. 251 

as a nation, by maintaining the public faith at home 
and abroad, or whether, for want of a timely exertion 
in establishing a general revenue, and thereby giving 
strength to the Confederacy, they will hazard not only 
the existence of the Union, but of those great and in- 
valuable privileges for which they have so arduously 
and so honorably contended." 

This appeal seems to have met with a commendable 
response in most of the States, yet the measures recom- 
mended in the report, and sought to be adopted by 
Congress, were opposed and prevented by the single 
vote of New York. This vote has been censured, but 
we think unjustly. It was undoubtedly influenced by 
the consideration, that it was impossible under the 
existing Confederation to accomplish the ends aimed 
at by Congress, and desired alike by all. In order to 
secure the advantages of a happy and peaceful union a 
total remodellino; of the whole fabric of Sfovernment 
was absolutely necessary. The present one had been 
found inadequate to the relations and exigencies of the 
nation, and its continuance ceased to be an object of 
desire even with the warmest adv^ocates of the union. 
All parties felt, " that the Confederation had at last to- 
tally failed as an instrument of government ; that its 
glory was departed and its days of labour done ; that 
it stood the shadow of a mighty name ; that it was 
seen only as a decayed monument of the past, incapa- 
ble of any enduring record ; that the steps of its decline 
were numbered and finished ; and that it was now 
pausing before that common sepulchre of the dead 
whose inscription is nulla vestigia retrorsnm*''^ 

In looking over the Articles of Confederation it Avill 
be further observed that there was no power in Con- 

* Story. 



252 GOVERNMENTAL HISTORY 

gress to regulate either foreign or domestic commerce. 
The absence of any national provision on this subject 
was the source of great embarrassment in the commer- 
cial intercourse of the States, and also operated disad- 
vantagously on their foreign trade. To remedy tliis 
defect a proposal was made, emanating from the Assem- 
bly of Virginia, for a Convention of Delegates from the 
several States, to be held at Annopolis in Maryland. 
The proposition was favorably responded to by some 
of the States, and five of them sent delegates to the 
convention, which met at the time and place pro- 
posed.* But the members of this convention, though 
fully sensible that the national government was la- 
mentably defective, did not consider themselves com- 
petent to suggest any particular alteration or amend- 
ment of its provisions. They concurred in resolutions 
recommending to Congress, to propose a general con- 
vention to take into consideration the condition of the 
general government, and make such provisions or al- 
terations in the system of administration as might ren- 
der it adequate to the exigencies of the Union. En- 
couraged by this suggestion, on the twenty-seventh 
da)^ of February,! Congress ventured to pass a resolu- 
tion recommending that a convention of delegates from 
all of the States should be held at Philadelphia " for the 
purpose of revising the articles of confederation, 
and reporting to Congress, and the several legislatures, 
such alterations and provisions therein, as shall, wlieu 
agreed to in Congress and confirmed by the States, ren- 
der the Federal Constitution adequate to the 
emergencies of govennnent, and the preservation of 
the Union." 

* September 18,*1786. t 1787. 



OF THE UNITED STATES. 253 



CHAPTER V. 



We now come to an interesting, a highly important, 
and a critical sera in our governmental history. The 
peculiar condition of the nation had impressed upon 
the minds of all the serious and reflecting, the neces- 
sity of a more perfect union between the States. And 
although some regarded the proposal of Congress with 
a show of hostility, it was not even with them an in- 
different alternative which was presented. It was a 
choice between political existence and political death. 
Whether they should be lost in anarchy and confusion, 
or survive as free, sovereign, and independent commu- 
nities. It was necessary to their preservation not only 
from the indignant resentment of the foe they had just 
subdued, and who had rehictantly admitted their inde- 
pendence ; but also from the strife of rivalry, the ani- 
mosities, and jealousies, which might spring up among 
themselves, that they should continue United States. 
When or how could they promise themselves safety or con- 
tinuance as separated sovereignties ? Their independ- 
ence had been acknowledged by foreign powers in their 
collective and national capacitor, and who could assure 
them, if they lost that character, that their independ- 
ence would be any longer respected ; or that the parent 
State would not again seek to extend her sovereignty 
over them? What security was there that one might 
not fall under the domination of a neighbouring prov- 
ince ; the larger and more powerful, crush the smaller 
and the feeble ; and a scene of strife, dissension, and 
bloodshed, overspread the land ? These were momen- 

22 



254 GOVERNMENTAL HISTORY 

lous considerations. They involved not only the peace 
and prosperity of the States, but the more vital inter- 
ests of the whole American people. The question was 
full of awful and thrilling importance— should they 
reap for themselves and transmit to their posterity, the 
invaluable benefits of a revolution, the achievement of 
which had filled the whole civilized world with amaze- 
ment, or should they lose them all by au unnatural and 
inglorious alienation and hostility to each other ? The 
crisis they were approaching demonstrated the wisdom 
of the measure recommended by Congress, and a con- 
vention of delegates was accordingly appointed, which 
met at Philadelphia,* and was composed of delegates 
from each of the States, except Rhode-Island. 

Although the delegates to this convention were 
strongly impressed with the necessity and importance 
of a union of feeling, of interest, and of affection be- 
tween the States, they had to contend with no ordinary 
difficulties in the way of securing so desirable a result. 
Theirs was indeed no ordinary undertaking. The an- 
nals of nations had presented no similar scene. Before 
them they beheld a great and growing people. In the 
vista of the future they saw a still greater and more 
extended nation. For these they were to provide,, for 
these they were now to legislate. For these they were 
called upon, in circumstances of solemn responsibility, 
to frame a fabric of government. It must meet the 
difficulties and embarrassments of the present, and pro- 
vide for the wants and the changes of the future. In 
the allotment and distribution of its powers they must 
calculate with a nice discrimination their practical 
operation. They must foresee the occasion and the 
necessity for limitations and restrictions. They must 

* May 1787. 



OF THE UNITED STATES. 255 

be careful not to give too much ; while they must be 
equally cautious lest they confer too little. On the 
seventeenth of September^ after mature and tranquil 
deliberation, a draft of the present Constitution, was 
adopted by the Convention, and reported to Congress, 
with resolutions and a letter accompanying it as follows : 

THE CONSTITUTION. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, ensure domestic tranquillity, provide for the com- 
mon defence, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and establish this Consti- 
tution for THE United States of America. 

ARTICLE 1. 
Section I. 
1. All legislative povpcrs herein granted, shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of Rep- 
resentatives. 

Section 2. 

1. The House of Representatives shall be composed of members chosen 
every second year by the people of the several states ; and the electors in 
each state shall have the qualifications requisite for electors of the most 
numerous branch of the state legislature. 

2. No person shall be a representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state in 
which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several states which may be included within this union, according to their 
respective numbez*s, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years after the first 
meeting of the Congress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law direct. The num- 
ber of representatives shall not exceed one for every thirty thousand, but 
each state shall have at least one representative ; and until such enume- 
ration shall be made, the state of New-Hampshire shall be entitled to 
choose three ; Massachusetts eight ; Rhode Island and Providence Plan- 
tations one ; Connecticut five ; New York six ; New Jersey four ; Penn- 



256 GOVERNMENTAL HISTORY 

sylvania eight ; Dolaware one ; Maryland six ; Virginia ten ; North 
Carolina live ; South Carolina live ; and Georgia three. 

4. When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such vacan- 
cies. 

5. The House of Representatives shall choose their speaker and other 
officers, and shall have the sole power of impeachment. 

Skction 3. 

1. The Senate of the United States shall be composed of two senators 
from each state, chosen by the legislature thereof, for six years ; and each 
senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first 
election, they shall be divided, as equally as may be, into three classes. 
The seats of the senators of the first class, shall be vacated at the expira- 
tion of the second year, of the second class at the expiration of the fourth 
year, and of the third class at the expiration of the sixth year, so that one- 
third may be chosen every second year ; and if vacancies happen by re- 
signation or otherwise, during the recess of the legislature of any state, 
the executive thereof may make temporary appointments until the next 
meeting of the legislature, which shall then fill such vacancies. 

3. No person shall be a senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that state for which he 
shall be chosen. 

4. The vice-president of the United States shall be president of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers and also a president pro 
tempore^ in the absence of the vice-president, or when he shall exercise 
the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the chief justice shall 
preside ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honour, trust, or profit, under the United States ; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment, and 
punishment, according to law. 

Section 4. 
1. The times, places, and manner of holding elections for senators and 
representatives, shall be prescribed in each state by^the legislature there- 



OF THE UNITED STATES. 257 

of, but the Congress may, at any time, by law, make or alter such regu- 
lations, except as to the places of choosing senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Section 5. 

L Each house shall be the judge of the elections, returns, and qualifi- 
cations, of its own members ; and a majority of each shall constitute a 
<]uorum to do business ^ but a smaller number may adjourn from day to 
day, and may be authorised to compel the attendance of absent members, 
in such manner and under such penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds, 
expel a member. 

3. Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment re- 
quire secrecy ; and the yeas and nays of the members of either house on 
any question, shall, at the desire of one-fifth of those present, be entered 
on the journal. 

4. Neither house, during the session of congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Section G. 

1. The senators and representatives shall receive a compensation for 
their services, to be ascertained by law, and paid out of the treasury 
of the United States, They shall, in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to or 
returning from the same ; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

2. No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments where- 
of shall have been increased during such time : and no person holding 
any office under the United States, shall be a member of either house 
during his continuance in office. 

Section 7. 

1. All bills for raising revenue shall originate in the House of Repre- 
sentatives ; but the Senate may propose or concur with amendments a^ 
on other bills. 

2, Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it become a law, be presented to the President of 

22* 



258 GOVERNMENTAL HISTORY 

the Unitetl States ; if he approve he shall sign it; but if not, he shall re- 
turn it, with his objections, to that house in which it shall have originated, 
who shall enter the objections at large on their journal, and proceed to 
reconsider it. If, after such reconsideration, two-thirds of that house 
shall agree to pass the bill, it shall be sent, together with the objections^ 
to the other house, by which it shall likewise be reconsidered, and if ap- 
proved by two-thirds of that house, it shall become a law. But in all 
cases, the votes of both houses shall be diterniined by yeas and nays, and 
the names of the persons \oting for and against the bill, shall be entered 
on the journal of each house respectively. If any bill shall not be re- 
turned by the President wilhin ten days (Sundays excepted) after it shall 
liave been presented to him, the same shall be a law in like manner as if 
he had signed it, unless the congress by their adjournment prevent its 
return, in which case it shall not be a law. 

3. Every order, resolution, or vote, to which the concurrence of the 
Senate and Houseof Representatives may be necessary, (except on a ques- 
tion of adjournment,) shall be presented to the President of the United 
States; and before the same shall take effect, shall be approved by him, 
or being disproved by him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 

Section 8. 

The Congress shall have power ; 

1. To lay and collect taxes, duties, imposts, and excises; to pay the 
<kbts and provide for the common defence and general welfare of the 
United States ; but all duties, imposts, and excises, shall be unifonn 
throughout the United States : 

2. To borrow money on the credit of the United States : 

3. To regulate commerce with foreign nations, and among the several 
states, and with the Indian tribes : 

4. To establish an uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States : 

5. To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures : 

6. To provide for the punishment of counterfeiting the securities and 
current coin of the United States: 

7. To establish post-offices and post-roads : 

8. To promote the progress of science and useful arts, by securing, for 
limited times, to authors and inventors, the exclusive right to their resjKXi- 
tive writings and discoveries : 

9. To constitute tribunals inferior to the supreme court : To define and 
punish piracies and felonies committed on the high seas, and offences 
against the law of iMtions : 



OF THE UNITED STATES. 259 

10. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water : 

11. To raise and support armies ; but no appropriation of money to that 
use, shall be for a kager term than two years ; 

12. To provide and maintain a navy: 

13. To make rules for the government and regulation of the land and 
naval forces : 

14. To provide for calling forth the militia to execute the laws of the 
union, suppress insurrections, and repel invasions : 

15. To provide for organizing, arming, and disciplining the miUtia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the states respectively, the appointment of the 
officers, and the authority of training the militia according to the disci- 
pline prescribed by congress ; 

16. To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
states, and the acceptance of congress, become the seat of government of 
the United States, and to exercise like authority over all places purchased, 
by the consent of the legislature of the state in which the same shall be, 
for the erection of forts, magazines, arsenals, dock-yards, and other need- 
ful buildings : and, 

17. To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the government of the United States, or in any department 
or officer thereof 

Section 9. 

1. The migration or importation of such persons as any of the states 
now existing shall think proper to admit, shall not be prohibited by the 
congress prior to the year one thousand eight hundred and eight, but a 
tax or duty may be imposed on such importation, not exceeding ten dol- 
lars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
imless when, in cases of rebellion or invasion, the public safety may re- 
quire it. 

3. No bill of attainder, or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in proportion 
to the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any state. 
No preference shall be given by any regulation of commerce or revenue 
to the ports of one state over those of another ; nor shall vessels bound to 
or from one state be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury, but in consequence of 
appropriations made by law ; and a regular statement and account of the 



260 GOVERNMENTAL HISTORY 

receipts and expenditures of all public money, shall be published from 
time to time. 

7, No title of nobility shall be granted by the United States, and no 
person holding any office of profit or trust under t^ni, shall, without the 
consent of the congress, accept of any present, ein^ment, office, or title 
of any kind whatever, from any king, prince, or foreign state. 
Section 10. 

1. No state shall enter into any treaty, alliance, or confederation ; grant 
letters of marque and reprisal ; coin money ] emit bills of credit ; make 
any thing but gold and silver coin a tender in payment of debts ; pass any 
bill of attainder, ex post facto lavsr, or law impairing the obligation of con- 
tracts 5 or grant any title of nobility. 

2. No state shall, without the consent of the congress, lay any imposts 
or duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws ; and the nett produce of all duties and 
imposts, laid by any state on imports or exports, shall be for the use of the 
treasury of the United States, and all such laws shall be subject to the re- 
vision and control of the congress. No state shall, without the consent 
of congress, lay any duty of tonnage, keep troops or ships of war in time 
of peace, enter into any agreement or compact with another state, or with 
a foreign power, or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 
Section 1. 

1. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four 
years, and together with the Vice-President, chosen for the same term, 
elected as follows: 

2. Each state shall appoint, in such manner as the legislature thereof 
may direct, a number of electors equal to the whole number of senators 
and representatives to which the state may be entitled in the congress ; 
but no senator or representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

3. The electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least shall not be an inhabitant 
of the same state with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each ; which list 
they shall sign and certify, and transmit, sealed, to the seat of the gov- 
ernment of the United States, directed to the president of the senate. 
The president of the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest number of votes shall 



OP THE UNITED STATES. 261 

be the president, if such number be a majority of the whole number of 
electors appointed ; and if there be more than one who have such ma- 
jority, and have an equal number of votes, then the house of representa- 
tives shall immediately choose by ballot one of them for president; and 
if no person have a majority, then, from the five highest on the list the 
said house shall in like manner choose the president. But in choosing 
the president the votes shall be taken by states, the representation from 
each state having one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the states, and a majority of all 
the states shall be necessary to a choice. In every case, after the choice 
of the president, the person having the greatest number of votes of the 
electors shall be the vice-president. But if there should remain two or 
more who have equal votes, the Senate shall choose from them by ballot 
the vice-president. 

4. The Congress may determine the time of choosing the electors, and 
the day on which they shall give their votes; which day shall be the 
same throughout the United States. 

5. No person except a natural born citizen of the United States, at 
the time of the adoption of this Constitution, shall be eligible to the office 
of president ; neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been fourteen years 
a resident within the United States. 

6. In case of the removal of the president from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the vice-president, and the Congress 
may by law provide for the case of removal, death, resignation, or in- 
ability, both of the president and vice-president, declaring what officer 
shall then act as president, and such officer shall act accordingly, until 
the disability be removed, or a president shall be elected. 

7. The president shall, at stated times, receive for his services, a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and shall not receive with- 
in that period any other emolument from the United States or any of 
them. 

8. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : 

9. " I do solemnly swear, (or affirm,) that I will faithfully execute 
" the office of President of the United States, and will, to the best of 
"my ability, preserve, protect, and defend the Constitution of the United 
" States. 

Section 2. 
1. The President shall be commander-in-chief of the army and navy 
of the United States, and of the militia of the several states, when called 



262 GOVERNMENTAL HISTORY 

into the actual service of the United States ; he may require the opinion, 
in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices, and he 
shall have power to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present 
concur ; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the supreme court, and all other officers of the 
United States, whose appointments are not herein otherwise provided for, 
and which shall be established by law • but the Congress may by law vest 
the appointment of such inferior officers, as they think proper, in the 
president alone, in the courts of law, or in the heads of departments. 

3. The president shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions; which 
shall expire at the end of their next session. 

Section 3, 

1. He shall from time to time give to the Congress information of the 
state of the Union, and recommend to their consideration such measures 
as he shall judge necessary and expedient ; he may, on extraordinary 
occasions, convene both houses, or either of them, and in case of dis- 
agreement between them with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper ; he shall re- 
ceive ambassadors and other public ministers ; he shall take care that 
the laws be faithfully executed, and shall commission all the officers of 
the United States. 

Section 4. 

1. The President, Vice-President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and conviction 
of, treason^ bribery, or other high crimes, and misdemeanors. 

ARTICLE III. 

Section 1. 
1. The Judicial p)ower of the United States, shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good behaviour, and shall, 
at stated times^ receive for their services, a compensation, which shall 
not be diminished during their continuance in office. 

StXTION 2. 

1. The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and 



OF THE UNITED STATES. 263 

treaties made, or which shall be made, under their authority; to all cases 
aiTecting ambassadors, other public ministers and consuls ; to all cases 
of admiralty and maritime jurisdiction ; to controversies to which the 
United vStates shall be a party ; to controversies between two or more 
states, between a state and citizens of another state, between citizens 
of different states, between citizens of the same state claiming lands under 
grants of different states, and between a state, or the citizens thereof, 
and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers and con- 
suls, and those in which a state shall be party, the Supreme Court 
shall have original jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, both as to law and 
fact, wiih such exceptions, and under such regulations as the congress 
shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by 
jury, and such trial shall be held in the state where the said crimes shall 
have been committed ; but when not committed within any state, the 
trial shall be at such place or places as the congress may by law have di- 
rected. 

Section 3. 

1. Treason against the United States shall consist only in levying war 
against them, or in adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

2. The congress shall have power to declare the punishment of treason ; 
but no attainder of treason shall work corruption of blood, or forfeiture, 
except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

1. Full faith and credit shall be given in each state to the public acts, 

records, and judicial proceedings of every other state. And the congress 

may, by general laws, prescribe the manner in which such acts, records 

and proceedings, shall be proved, and the effect thereof 

Section 2. 

1. The citizens of each state shall be entitled to all privileges and im- 
munities of citizens in the several states. 

2. A person charged in any state with treason, felony, or other crime, 
who shall flee from justice, and be found in another state, shall, on de- 
mand of the executive authority of the state from which he fled, be de- 
livered up, to be removed to the state having jurisdiction of the crime. 

3. No person held to service or labor in one state, under the laws there- 
of, escaping into another, shall, in consequence of any law or regulation 



264 GOVERNMENTAL HISTORY 

therein, be discharged from such service or labor ; but sliall be delivered 
up on claim of the party to whom such service or labor may be due. 
Section 3. 

1. New states may be admitted by the Congress into this union; but 
no new state shall be formed or erected within the jurisdiction of any 
other state, nor any state be formed by the junction of two or more states, 
or parts of states, without the consent of the legislatures of the states 
concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of, and make all needful 
rules and regulations respecting, the territory or other property belonging 
to the United States ; and nothing in this Constitution shall be so con- 
strued as to prejudice any claims of the United States, or of any particu- 
lar state. 

Section 4. 
1. The United States shall guaranty to every state in this union a re- 
publican form of government, and shall protect each of them against inva- 
sion; and on application of the legislature, or of the executive (when the 
legislature cannot be convened) against domestic violence. 

ARTICLE V. 
1 . The Congress, whenever two-thirds of both houses shall deem it ne- 
cessary, shall propose amendments to this Constitution ; or, on the appli- 
cation of the legislatures of two-thirds of the several states, shall call a 
convention for proposing amendments, which, in either case, shall be valid 
to all intents and purposes, as part of this Constitution, when ratified by 
the legislatures of three-fourths of the several states, or by conventions in 
three-fourths thereof, as the one or the other mode of ratification may be 
proposed by the Congress ; provided, that no amendment wliich may be 
made prior to the year one thousand eight hundred and eight, shall in any 
manner affect the first and fourth clauses in the ninth section of the first 
article : and that no state, without its consent, shall be deprived of its 
equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the adop- 
tion of this Constitution, shall be as valid against the United States under 
this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the Supreme Law of the 
land ; and the juilgcs in every state shall be bound thereby ; any thing 
in the Constitution or laws of any state to the contrary notwithstanding. 

3. The senators and representatives before mentioned, and the members 
of the several state legislatures, and all executive and judicial officers, 



OF THE UNITED STATES. 



265 



both of the United States and of the several states, shall be bound by oath 
or affirmation, to support this constitution ; but no religious test shall ever 
be required as a qualification to any office or public trust under the 
United States. 

ARTICLE VII. 
1. The ratification of the conventions of nine states, shall be sufficient 
for the establishment of this Constitution between the states so ratifying 
the same. 

Done in convention, by the unanimous consent of the states present, 
the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the Independence 
of the United States of America, the twelfth. In witness whereof, 
we have hereunto subscribed our names. 

GEORGE WASHINGTON, 

President, and Deputj' from Virginia. 



NEW HAMPSHIRE. 

John Langdon, 
Nicholas Gilman. 

MASSACHUSETTS. 

Nathaniel Gorham, 
Rufus King. 

CONNECTICUT. 

WilUara Samuel Johnson, 
Roger Sherman. 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 

William Livingston, 
David Brearley, 
WiUiam Patterson, 
Jonathan Dayton. 

PENNSYLVANIA. 

Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Governeur Morris. 
Attestj 



DELAWARE. 

George Read, 
Gunning Bedford, jun. 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

MARYLAND. 

James M 'Henry, 

Daniel of St. Tho. Jenifer, 

Daniel Carroll. 

VIRGINIA. 

John Blair, 

James Madison, jun. 

NORTH CAROLINA. 

William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

SOUTH CAROLINA. 

John Rutledge, 

Charles Cotesworth Pinckney 

Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 
Abraham Baldwin. 
WILLIAM JACKSON, Secretary. 



23 



266 GOVERNMENTAL HISTORY 

In Convention,, Monday, Seplemher 17th, 1787. 
Present. The States of New Hampshirk, Massachusetts, Con- 
necticut. Mr. HamiUon from New York, New Jersey, Pennsyl- 
vania, Delaware, Maryland, Virginia, North Carolina, South 
Carolina and Georgia. 

Resolved. That the preceding Constitution be laid before the United 
States in Congress assembled, and that it is the opinion of this Con- 
vention, that it should afterwards be submitted to a Convention of 
Delegates, chosen in each State, by the people thereof, under the recom- 
mendation of its legislatui'e, for their assent and ratification: and that 
each Convention assenting to, and ratifying the same, should give 
notice thereof to the United States, in congress assembled. 

Resolved. That it is the opinion of this Convention, that as soon as 
the conventions of nine States shall have ratified this Constitution, the 
United States in congress assembled should fix a day on which electors 
should be appointed by the States which shall have ratified the same, 
and a day on which the electors should assemble to vote for the President, 
and the time and place for commencing proceedings under this Constitu- 
tion. That after such publication, the electors should be appointed, and 
the Senators and representatives elected ; that the electors should meet 
on the day fixed for the election of the President, and should transmit 
their votes certified, signed, sealed, and directed, as the Constitution re- 
quires, to the Secretary of the United States in congress assembled ; that 
the Senators and Representatives should convene at the time and place 
assigned ; that the senators should appoint a president of the senate, 
for the sole purpose of receiving, opening, and counting the votes for 
President; that after he shall be chosen, the Congress, together with the 
President, should, without delay, proceed to execute this Constitution. 
By the unanimous order of the Convention. 

George Washington, President. 

William Jackson, Secretary. 

In Convention, September 17th, 1787. 
Sir,— 

We have now the honour to submit to the consideration of the United 
States in Congress assembled, that Constitution which has appeared to 
us the most advisable. The friends of our country have long seen and 
desired that the power of making war, peace, and treaties ; that of levy- 
ing money and regulating commerce ; and the correspondent executive 
and judicial authorities; should be fully and efTectually vested in the 
General Government of the Union; but the impropriety of delegating 
such extensive trust to one body of men is evident. Hence results the 
necessity of a different organization. It is obviously impracticable in 



OF THE UNITED STATES. 267 

the Federal Government of these States, to secure all rights of indepen- 
dent sovereignty to each, and yet provide for the interest and safety of 
all. Individuals entering into society must give U[) a share of liberty to 
preserve the rest. The magnitude of the sacrifice must depend as well 
on situation and circumstances as on the object to be attained. It is at 
all times difficult to draw with precision the line between those rights 
which must be surrendered, and those which may be reserved; and on 
the present occasion this difficulty was increased by a difference among 
the several States as to their situation, extent, habits, and particular 
interests. 

In all our deliberations on this subject, we kept steadily in our view, 
that which appears to us the greatest interest of every true American, 
the consolidation of our union, in which is involved our prosperity, 
felicity, safety, perhaps our national existence. This important con- 
sideration, seriously and deeply impressed on our minds, led each State 
in the convention to be less rigid on points of inferior magnitude, than 
might have been otherwise expected ; and thus the Constitution, which 
we now present, is the result of a spirit of amity, and of that mutual 
deference and concession which the peculiarity of our political situation 
rendered indispensable. That it will meet the full and entire approba- 
tion of every State is not perhaps to be expected ; but each will doubtless 
consider, that had her interests been alone consulted, the consequences 
might have been particularly disagreeable or injurious to others ; that 
it is liable to as few exceptions as could reasonably have been expected, 
we hope and believe: that it may promote the lasting welfare of that 
country so dear to us all, and secure her freedom and happiness, is our 
most ardent wish. 

With great respect we have the honor to be, Sir, 

Your Excellency's most obedient and humble servants, 

George Washington, President. 

By unanimous order of the Convention 
To His Excellency, the President of the Congress. 

On the twenty-eighth of the same month it was re- 
solved by the Congress " that the said report, with the 
resolutions and letter accompanying the same, he trans- 
mitted to the several legislatures, in order to be sub- 
mitted to a Convention of Delegates, chosen in each 
State by the people thereof, in conformity to the re- 
solves of the convention made and provided in that 



268 GOVERNMENTAL HISTORY 

amination. Its several articles were carefully can- 
vassed by all the members of the union ; and the whole 
American people were made familiar with its provisions. 
Their judgment upon it was, that it was wisely adapted 
to the exigencies and relations of the nation, and well 
calculated to secure through all time, to all coming 
generations, all the blessings of civil and religious 
liberty. The following proceedings, had at the next 
meeting of the Congress, will show its adoption, and 
the time when it first went into operation. 

In Congress, Saturday, September 13, 1788. 

On the question to agree to the following proposition, 
it was resolved in the affirmative, by the unanimous 
votes of nine States, viz. of New Hampshire, Massa- 
chusetts, Connecticut, New York, New Jersey, 
Pennsylvania, Virginia, South Carolina and 
Georgia. 

Whereas the Convention assembled in Philadelphia, pursuant to the 
resolution of Congress of the twenty-first February, 1787, did, on the 
seventeenth of September, in the same year, report to the United States 
in Congress assembled, a Constitution for the people of the United States ; 
whereupon Congress, on the twenty-eight of the same September, did 
resolve unanimously — "that the said report, with the resolutions and 
letter accompanying the same, be transmitted to the several legislatures, 
in order to be submitted to a convention of delegates chosen in each state 
by the people thereof, in conformity to the resolves of the convention 
made and provided in that case." And whereas the Constitution so re- 
ported by the Convention, and by Congress transmitted to the several le- 
gislatures, has been ratified in the manner therein declared to be sufficient 
for the establishment of the same, and such ratifications duly authentica- 
ted, have been received by Congress, and are filed in the office of the 
Secretary, therefore — 

Resolved, that the first Wednesday in January next be the day for 
appointing electors in the several states, which, before the said day, shall 
have ratified the said Constitution— that the first Wednesday in February 
next, be the day for the electors to assemble in their respective states and 
vote for a President— and that the first Wednesday in March next, be the 



OF THE UNITED STATES. 269 

time, and the present seat of Congress, the place for commencing prf>- 
ceedings under the said Constitution. 

The government went into operation under this 
Constitution at the City of New York on the fourth 
day of March 1789. The Congress was composed of 
members from New Hampshire, Massachusetts, 
Connecticut. New York, New Jersey, Pennsyl- 
vania, Delaware, Maryland, Virginia, South 
Carolina and Georgia, those States having respec- 
tively ratified the new Constitution of government. 
On counting the votes of the Electors it was found that 
George Washington of Virginia, was unanimously 
chosen to be the President and John Adams of Massa- 
chusetts was elected Vice-President of the said United 
States. 

After having resigned his command of the American 
armies, Washington retired to his farm in Virginia, and 
was there when he received intelligence of his elec- 
tion to the highest station in the gift of his country. 
Though unambitious of public honors or distinction, 
and coveting the repose to which he had retired, he 
nevertheless yielded to his convictions of duty, and the 
wishes of his countrymen, and set out for New Yorlc. 
His progress and inauguration are thus described, " the 
roads were crowded with numbers anxious to see the 
man of the people. Escorts of militia, and of gentle- 
men of the first character and station, attended him 
from state to state, and he was everywhere received 
with the highest honors which a grateful and admiring 
people could confer. Addresses of congratulation were 
presented to him by the inhabitants of almost every 
place of consequence through which he passed, to all 
of which he returned such modest, unassuming an- 
swers as were in every respect suitable to his situation. 

23* 



270 GOVERNMENTAL HISTORY 

So great were the honors with which he was loaded, 
that they could scarcely have failed to produce haughti- 
ness ill the mind of any ordinary man ; but nothing 
of the kind was ever discovered in this extraordinary 
personage. On all occasions he behaved to all men 
with the affability of one citizen to another. He was 
truly great in deserving the plaudits of his conntry, but 
much greater in not being elated with them." 

"Gray's Bridge over the Schuylkill, which General 
Washington had to pass was highly decorated with 
laurels and evergreens. At each end of it were erected 
magnificent arches composed of laurels, emblematical 
of the ancient Roman triumphal arches ; and on each 
side of the Bridge was a laurel shrnbbery. As Wash- 
ington passed the Bridge, a youth ornamented with 
sprigs of laurel, assisted by machinery contrived for the 
purpose, let drop above his head, though unperceived 
by him, a Civic Crown of laurel. Upwards of twenty 
thousand citizens lined the fences, fields, and avenues, 
between the Schuylkill and Philadelphia, through 
these he was conducted to the City by a numerous and 
respectable body of the citizens, where he partook of 
an elegant entertainment provided for him. The plea- 
snres of the day were succeeded by a handsome dis- 
play of fireworks in the evening. When Washington 
crossed the Delaware, and landed on the Jersey shore, 
he was saluted with three cheers by the inhabitants of 
the vicinity. When he came to the brow of the hill, 
on his way to Trenton, a triumphal arch was erected 
on the bridge, by the direction of the ladies of the place, 
the crown of the arch was highly ornamented with im- 
perial laurels and flowers, and on it was displayed in 
large figures December twenty-sixth, 1776. On 
the sweep of the arch, beneath, was the inscription 



OF THE UNITED STATES. 271 

THE DEFENDER OF THE MOTHERS WILL ALSO PRO- 
TECT THEIR DAUGHTERS. Oil the Dortli side were 
ranged a number of young girls dressed in white, with 
garlands of flowers on their heads, and baskets of 
flowers on their arms ; in the second row stood the 
young ladies, and behind them the married ladies of 
the town. The instant he passed the arch, the young 
girls began to sing the following ode : 

* Welcome, mighty chief, once more, 
Welcome to this grateful shore : 
Now no mercenary foe 
Aims again the fatal blow, 
Aims at thee tlie fatal blow. 
Virgins fair and matrons grave. 
These thy conquering arm did save, 
Build for thee triumphal bowers ; 
Strew, ye fair, his way with flowers, 
Strew your Hero's way with flowers,' 

"As they sung the last lines they strewed their flow- 
ers on the road before their beloved deliverer. His 
situation on this occasion, contrasted with what he had, 
in December, 1776, felt on the same spot, when the 
affairs of America were at the very lowest ebb of de- 
pression, filled him v/ith sensations which cannot be 
described. He was rowed across the bay from Eliza- 
bethtown to New York, in an elegant barge, by thir- 
teen pilots. All the vessels in the harbour hoisted their 
flags. Stairs were erected and decorated for his recep- 
tion. On his landing, universal joy difl'used itself 
through every order of the people, and he was received 
and congratulated by the Governor of the State, and 
oflacers of the Corporation. He was conducted from 
the landing-place to the house which had been fitted 
up for his reception, and was followed by an elegant 
procession of militia in their uniforms, and by a great 



272 GOVERNMENTAL HISTORY 



numbers of citizens. In the evening the houses of the 
inhabitants were brilliantly illuminated. A day was 
fixed soon after his arrival for his taking the oath of 
office,* which was in the following words : 

" I do solemnly swear that I will faithfully execute the office of Pres- 
ident of the United States, and will to the best of ray ability, preserve, 
protect, and defend the Constitution of the United States." 

"On this occasion he was wholly clothed in American 
manufactures. On the morning of the day appointed 
for the purpose, the clergy of different denominations 
assembled their congregations in their respective places 
of worship, and offered up public prayers for the Presi- 
dent and People of the United States. About noon a 
procession of military, followed by a multitude of citi- 
zens, moved from the President's house to Federal Hall. 
When they came within a short distance from the Hall, 
the troops formed a line on both sides of the way, 
through which Washington, accompanied by the Vice 
President, John Adams, passed into the Senate Cham- 
ber. Immediately after, accompanied by both Houses 
of Congress, he went into the gallery fronting Broad 
Street, and before them, and an immense concourse of 
citizens, took the oath prescribed by the Constitution, 
which was administered by R. R. Livingston, the 
Chancellor of the State of New York. An awful 
silence prevailed among the spectators, during this part 
of the ceremony. It was a minute of the most sublime 
political joy. The Chancellor then proclaimed him 
President of the United States. This was answered by 
the discharge of thirteen guns, and by the effusion of 
shouts, from near ten thousand grateful and affection- 
ate hearts. The President bowed most respectfully to 
the people, and the air resounded again with their ac- 
♦ AprU 29, 1789. 



OF THE UNITED STATES. 273 

clamations. He then retired to the Senate Chamber, 
where he made an animated speech to both Houses ; 
in which his language not only expressed his own feel- 
ings on this solemn occasion, but likewise discovered 
his anxiety aud concern for the welfare and happiness 
of the peo[)le in whose cause he had before risked his 
life. Several circumstances tended to render the scene 
of this inauguration unusually solemn — the presence 
of the beloved Father and Deliverer of his country — 
the impressions of gratitude for his past services — the 
vast concourse of spectators — the devout fervency with 
whicli he repeated the oath, and the reverential man- 
ner in whicli he bowed to kiss the sacred volume — 
these circumstances, together with that of his being 
chosen to the most dignified office in America, and per- 
haps in the world, by the unanimous voice of more 
than three millions of enlightened freemen^ all con- 
spired to place this among the most august and inter- 
esting scenes, which have ever been exhibited on this 
globe."* " It seemed, from the number of witnesses," 
said a spectator of the scene, " to be a solemn appeal to 
heaven and earth at once : Upon the subject of this 
great and good man, I may, perhaps, be an enthusiast ; 
but, I confess, I was under an awful and religious per- 
suasion tliat the gracious Ruler of the Universe was 
looking down at that moment with peculiar compla- 
cency on the act, which, to a part of his creatures 
was so very important. Under this impression, when 
the Chancellor pronounced, in a very feeling manner, 
LONG LIVE George Washington, my sensibility was 
wound up to such a pitch, that I could do no more 
than waive my hat with the rest, without the power of 
joining in the repeated acclamations which rent the air." 

* Wintcrbotham. 



274 GOVERNMENTAL HISTORY 

Washington's Inaugural Addrkss. 
FeUow-C'dizens of the Senate and House of RepreseyitativeSy 

Among the vicissitudes incident to life, no event could have filled me 
with greater anxieties than that of which the notification was transmitted 
by your order, and received on the fourteenth day of the present month.* 
On the one hand, I was summoned by my country, whose voice I can 
never hear but witli veneration and love, from a retreat which 1 had 
chosen with the fondest predilection, and in my flattering hopes, with an 
immutable decision, as the asylum of my declining years ; a retreat which 
was rendered every day more necessary as well as more dear" to me, by 
the addition of habit to inclination, and of frequent interruptions in my 
health, yielding to the gradual waste committed on it by time. On the 
other hand, the magnitude and difficulty of the trust to which the voice 
of my country called me, being sufficient to awaken in the wisest and 
most experienced of her citizens a distrustful scrutiny into his qualifica- 
tions, could not but overwhelm with despondence one, who, inheriting in- 
ferior endoAvments from nature, and unpractised in the duties of civil 
administration, ought to be peculiarly conscious of his own deficiencies. 
In this conflict of emotions, all 1 dare aver, is, that it has been my faith- 
ful stud}'- to collect my duty from a just appreciation of every circumstance 
by which it might be aflectcd. All I dare hope, is, that if in executing 
this task, I have been too much swayed by a grateful remembrance of 
former instances, or by an affectionate sensibility to this transcendant 
proof of the confidence of my fellow-citizens, and have thence too little 
consulted my incapacity as well as disinclination, for the weighty and 
untried cares before me ; my error will be palliated by the motives which 
misled me, and its consequences be judged by my country with some 
share of the partiality in which they originated. 

Such being the impressions under which I have, in obedience to the 
public summons, repaired to the present station ; it would be peculiarly 
improper to omit, in this first official act, my fervent supplications to that 
Almighty Being who rules over the universe — who presides in the 
councils of nations — and whose providential aids can supply every hu- 
man defect — that His benediction may consecrate to the liberties and 
happiness of the People of the United States, a Government instituted 
by themselves for these essential purposes, and may enable every instru- 
ment employed in its administration, to execute with success the func- 
tions allotted to his charge. In tendering this homage to the Great 
Author of every public and private good, I assure myself that it ex- 
presses your sentiments not less than my own ; nor those of my fellow 
citizens at large, less than either. No people can be bound to acknowl- 
edge and adore the invisible hand which conducts the afl'airs of men, 
♦ April. 



OP THE UNITED STATES. 275 

* 

more than the peo{)Ie of the United States. Every step by which they 
have advanced to the character of an independent nation, seems to have 
been distinguished by some token of Providential agency. And in the 
important revolution just accomplished, in the system of their united 
government, the tranquil deliberations, and voluntary consent of so 
many distinct communities, from which the event has resulted, cannot 
be compared with the means by which most governments have been 
established, without some return of pious gratitude, along with humble 
anticipation of the future blessings which the past seems to presage. 
These reflections, arising out of the present crisis, have forced themselves 
too strongly upon my mind to be suppressed. You will join with me, 
I trust, in thinking that there are none under the influence of which 
the proceedings of a new and free Government can more auspiciously 
commence. 

By the article establishing the Executive Department, it is made the 
duty of the President " to recommend to your consideration such mea- 
sures as he shall judge necessary and expedient." The circumstances 
under which I now meet you will acquit me from entering into that 
subject, further than to refer to the great constitutional charter under 
which you are assembled, and which, in defining your powers, desig- 
nates the objects to which your attention is to be given. It will be more 
consistent with those circumstances, and far more congenial with the 
feelings which actuate me, to substitute, in place of a recommendation 
of partifeular measures, the tribute that is due to the talents, the rectitude, 
and the patriotism, which adorn the characters selected to devise and 
adopt them. In these honourable qualifications, I behold the surest 
pledges that, as on one side no local prejudices or attachments — no sepa- 
rate views, no party animosity, will misdirect the comprehensive and 
equal eye which ought to watch over this great assemblage of commu- 
nities and interests ; so on another that the foundations of our national 
policy will be laid in the pure and immutable principles of private moral- 
ity ; and the pre-eminence of free government be exemplified by all the 
attributes which can win the affections of its citizens, and command 
the respect of the world, I dwell on this prospect with every satisfaction 
which an ardent love for my country can inspire : since there is no 
truth more thoroughly established, than that there exists in the economy 
and course of nature, an indissoluble union between virtue and happi- 
ness ; between duty and advantage; between the genuine maxims of 
an honest and magnanimous policy, and the solid rewards of public 
prosperity and felicity ; since we ought to be no less persuaded, that the 
propitious smiles of Heaven can never be expected on a nation that dis- 
regards the eternal rules of order and right, which Heaven itself has 
ordained. And since the preservation of the sacred fire of liberty, and 



276 GOVERNMENTAL HISTORY 

the destiny of the Republican model of government, are justly consid- 
ered as decpUj, perhaps a.s fiiiaUi/, staked on the experiment entrusted to 
the hands of the American People. v 

Besides the ordinary objects submitted to your care, it will remain 
with your judgment to decide, how far an exercise of the occasional 
power, delegated by the fifth article of the Constitution, is rendered ex- 
pedient at the present juncture, by the nature of objections which have 
been urged against the system, or by the degree of inquietude which 
has given birth to them. Instead of undertaking particular recommen- 
dations on this subject, in which I could be guided by no lights derived 
from official opportunities, I shall again give way to my entire confi- 
dence in your discernment and pursuit of the public good. For I as- 
sure myself, that while you carefully avoid every alteration which 
might endanger the benefits of an united and ellective government, or 
which ought to await the future lessons of experience ; a reverence for 
the characteristic rights of freemen, and a regard for the public harmony, 
will sufficiently influence your deliberations on the question, how far 
the former can be more impregnably fortified, or the latter be safely and 
advantageously promoted. 

To the preceding observations I h':ive one to add, which will be most 
properly addressed to the House of Representatives.* It concerns my- 
self, and will therefore be as brief as possible. When I was first hon- 
ored with a call into the service of my country, then on the eve of an 
arduous struggle for its liberties, the light in which I contemplated my 
duty required that I should renounce every pecuniary compensation. 
From this resolution I have in no instance departed. And being still 
under the impressions which produced it, I must decline, as inapplicable 
to myself, any share in the personal emoluments which may be indis- 
pensably included in a permanent provision for the Executive Depart- 
ment ; and must accordingly pray, that the pecuniary estimates for 
the station in which I um placed, may, during my continiiance in it, 
be limited to such actual expenditures as the public good may require. 

Having thus imparted to you my sentiments as they have been 
awakened by the occasion which brings us together, I shall take my 
present leave ; but not without resorting once more to the benign Pa- 
rent of the human race, in humble supplication, that since He has been 
pleased to favor the American People with opportunities for deliberating 
in perfect tranquillity, and dispositions for deciding with unparalleled una- 
nimity on a form of government, for the security of their union, and the 
advancement of their happiness ; so His divine blessiiig may be equally 

* The Address was delivered in presence of both Houses. 



OF THE UNITED STATES. 277 

conspicuous, in the enlarged views, the temperate consultations, and the 
wise measures, on which the success of this Government must depend. 

George Washington. 

The House of Representatives having appointed a 
committee to prepare an address on the part of the 
House, in reply to that of the President of the United 
States to both Houses of Congress ; Mr. Madison from 
that committee reported an address, which was adopt- 
ed, as follows : 

Sir ;— the Representatives of the People of the United States present 
their congratulations on the event by which your fellow citizens have 
attested the pre-eminence of your merit. You have long held the first 
place in their esteem. You have often received tokens of their affection. 
You now possess the only proof that remained of their gratitude for 
your services, of their reverence for your wisdom, and of their confidence 
in your virtues. You enjoy the highest, because the truest honor, of 
being the First Magistrate, by the unanimous choice of the freest peo- 
ple on the face of the earth. We well know the anxieties with which 
you must have obeyed a summons from the repose reserved for your 
decHning years, into public scenes, of which you had taken your leave 
forever. But the obedience was due to the occasion. It is already ap- 
plauded by the universal joy which welcomes you to your station. And 
we cannot doubt that it will be rewarded with all the satisfaction with 
which an ardent love for your fellow citizens must review successful 
efforts to promote their happiness. This anticipation is not justified 
merely by the past experience of your signal services. It is particularly 
suggested by the pious impressions under which you commence your 
administration, and the enlightened maxims by which you mean to con- 
duct it. We feel with you the strongest obligations to adore the invisible 
hand which has led the American People through so many difficulties, 
to cherish a conscious responsibility for the destiny of republican lib- 
erty ; and to seek the only sure means of preserving and recommending 
the precious deposite in a system of legislation founded on the princi- 
ples of an honest policy, and directed by the spirit of a diffusive pa- 
triotism. 

The question arising out of the fifth article of the Constitution, will re- 
ceive all the attention demanded by its importance ; and will, we trust, 
be decided, under the influence of all the considerations to which you al- 
lude. In forming the pecuniary provisions for the Executive Department, 
we shall not lose sight of a wish resulting from motives which give it a 

24 



278 GOVERNMENTAL HISTORY 

peculiar claim to our regard. Your resolution, in a moment critical to the 
liberties of your country, to renounce all personal emolument, was among 
the many presages of your patriotic services which have been amply ful- 
filled ; and your scrupulous adherence now to the law then imposed on 
yourself, cannot fail to demonstrate the purity, whilst it increases the lus- 
tre of a character which has so many titles to admiration. 

Such are the sentiments which we have thought fit to address to you. 
They floAv fi*om our own hearts, and we verily believe that, among the 
millions we represent, there is not a virtuous citizen whose heart will dis- 
own them. All that remains is, that we join in our fervent supplications 
for the blessings of Heaven on our country ; and that we add our own 
for the choicest of these blessings on the most beloved of her citizens." 

In Congress, May 5, 1789. 

Although the Constitution under which the govern- 
ment now went into operation, received the sanction 
of the Conventions of the several states whose delegates 
took their seats in Congress, yet their ratification of it 
was made more from a spirit of conciliation, and affec- 
tion towards each other, coupled with a deep and 
solemn impression of the necessity of their union in a 
general government, than from any persuasion of the 
propriety or aptness of all its provisions. Many of 
them even dreaded its operation under its then present 
form, and acceded to it only from a confident expecta- 
tion that its imperfections would be speedily amended.* 
To quiet these apprehensions, to establish the public 
confidence, and to remove all hindrances to its more 
successful operation and its long duration, the question 
of amending it was taken up by Congress, as follows : 

CoNGRKS.? OF THE UNITED STATES, Bcgun and held at the City of 
New York, on Wednesday, the 4th of March, 1789. 

The Conventions of a number of the States having, at the time of their 
adopting the Constitution, expressed a desire, in order to prevent miscon- 
struction or abuse of its powers, that further declaratory and restrictive 
clauses should be added ; and as extending the ground of pubUc confi- 
dence in the government, will best insure the beneficial ends of its insti- 
tution, 

* Journals of Congress, 1789. 



OF THE UNITED STATES. 279 

Resolved, By the Senate and House of Representatives of the United 
States of America in Congress assembled, two-thirds of both houses con- 
curring, that the following articles be proposed to the legislatures of the 
several States, as amendments to the Constitution of the United States ; 
all or any of which articles, when ratified by three-fourths of the said 
legislatures, to be valid to all intents and purposes, as part of the said 
Constitution, namely : 

Art. I. After the first enumeration required by the first article of the 
Constitution, there shall be one representative for every thirty thousand, 
until the number shall amount to one hundred, after which the proportion 
shall be so regulated by Congress, that there shall be not less than one 
hundred representatives, nor less than one representative for every forty 
thousand persons, until the number of representatives shall amount to 
two hundred ; after which the proportion shall be so regulated by Con- 
gress, that there shall not be less than two hundred representatives, nor 
more than one representative for every fifty thousand persons. 

Art. II. No law varying the compensation for the services of the Sen- 
ators and Representatives shall take effect, until an election of Represen- 
tatives shall have intervened. 

Art. III. Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the free- 
dom of speech ; or of the press ; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances. 

Art. IV. A well regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not be in- 
fringed. 

Art, V. No soldier shall in time of peace be quartered in any house 
without the consent of the owner, nor in time of war, but in a manner 
prescribed by law. 

Art, VI. The right of the people to be secure in their person, houses, 
papers, and effects, against unreasonable searches and seizures, shall not 
be violated, and no warrants shall issue, but upon probable cailse, sup- 
ported by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

Art. VII. No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a grand jury, ex- 
cept in cases arising in the land or naval forces, or in the militia when in 
actual service, in time of war or public danger ; nor shali be compelled in 
any criminal case to be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law ; nor shall private property 
be taken for public use without just compensation. 

Art. VIII. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the State and 



280 GOVERNMENTAL HISTORY 

district wherein the crime shall have been committed, which district shall 
have been previously ascertained by law ; and to be informed of the na- 
ture and cause of the accusation ; to be confronted with the witness 
against him ; to have compulsory process for obtaining witnesses in his 
favor ; and to have the assistance of counsel for his defence. 

Art. IX. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact, tried by a jury, shall be otherwise re-examined in any court 
of the United States, than according to the rules of the common law. 

Art. X. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

Art. XI, The enumeration in the Constitution of certain rights, 
shall not be construed to deny or disparage others retained by the people. 

Art. XII. The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

All of these articles, except the two first, received 
the sanction of the requisite number of states and be- 
came a part of the Constitution. The following arti- 
cles of amendment have been since added. 

Art, XIII. The Judicial powers of the United States shall not be 
construed to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United Stales by citizens of another State, or 
by citizens or subjects of any foreign State. 

Art. XIV. 1. The electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; they shall 
name in their ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President ; and they shall make 
distinct lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for each, which 
list they shall sign and certify, and transmit sealed to the seat of the 
government of the United States, directed to the presidentof the Senate; 
the president of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes shall 
then be counted ; the person having the greatest number of votes for 
President, shall be President, if such number be a majority of the whole 
number of electors appointed ; and if no person have such majority, then 
from the persons having the highest numbers, not exceeding three, on 
the list of those voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But in choosing 



OF THE UNITED STATES. 281 

the President the votes shall be taken by States, the representation from 
each State, having one vote ; a quorum for this purpose shall consist of 
a member or members from two-thirds of the States, and a majority of 
all the States shall be necessary to a choice. And if the House of Rep- 
resentatives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March next following, 
then the Vice President shall act as President, as in the case of the 
death or other constitutional inability of the President, 

2. The person having the greatest number of votes as Vice President, 
shall be Vice President, if such number be a majority of the whole 
number of electors appointed; and if no person have a majority, then 
from the two highest numbers on the list the Senate shall chose the 
Vice President ; a quorum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a majority of the whole number 
shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President 
shall be ehgible to that of Vice President of the United States.* 

By the month of January, 1791, the Constitution 
had been ratified in all of the states by their respective 
conventions, and was universally recognized as the 
paramount law of the land by the people of the United 
States of America. 

Thus have we endeavored to trace the Governmental 
History of our country from the earliest settlement 
made upon her shores until the time of the adoption 
of the present Constitution. Of that Constitution we 
do not now propose to speak. It is before us. We 
see and feel the practical benefits of its benign operation. 
For more than fifty years have these United States, and 
this great people, been fostered under its provisions, 
while it has elevated them to the highest rank in the 
scale of independent nations, and gained for them and 
their institutions the respect and admiration of mankind. 
Their prosperity, happiness, and tranquillity, are the 

* By commencing the enumeration at the third article will give the 
articles as they now stand in the Constitution. 

24* 






282 GOVERNMENTAL HISTORY, ETC. 

proudest and best comment on its adaptation to their 
necessities and relations, whether foreign or domestic. 
Its peace-producing influences are radiating over the 
world, illustrating, to anxious and admiring millions, 
the happy tendencies of republican institutions to 
ameliorate the condition of the human race. Liberty 
enshrines it in her Temple as the most cherished mon- 
ument of her triumphs — while, pointing to the wide 
territory over which it extends its peaceful sway, she 
exultingly invites the oppressed and suffering of every 
kindred, and tongue, and people, and nation, under the 
whole heavens, to come and rest under its protection. 



THE END. 



